Divorce may be an extremely pricey process. Every step of the process costs money, and it takes years to resolve. Additionally, in Indian society, when all financial resources are withheld during divorce processes, it is frequently the women who are in a marriage who are left without financial support.
Divorce is the formal dissolution of a marriage by a court
or other appropriate authority. It is the formal dissolution of a marriage
before the passing of either partner.
Lawyers are the best friends who assist us in difficult
circumstances and do their utmost to help us resolve them. Everything you say
to your attorney is private and confidential, so no one outside of that
location will hear it. Telling your lawyer anything is confidential, so be
honest with them. The best way for your attorney to assist you is if you are
honest with them. They often charge for their services, but occasionally they
provide counsel for free, a practice known as pro bono, which stands for
"for the public benefit.
Domestic concerns like divorce and child custody are under
the purview of family law. The exact provisions of the law will change based on
the circumstances, but generally speaking, the goal is to defend the rights of
every single person. For instance, child custody law will determine who is in
the child's best interest after a married couple separates, whereas divorce
will address how the property will be divided and who will pay spousal support.
Law:
Our constitution's foot troops are lawyers. In essence, the
preamble of the Indian constitution seeks to provide socioeconomic or political
fairness for the Indian people. According to Article 38(1), the state must
uphold and defend the social order, including justice, in order to further the
welfare of its citizens.
The Indian Constitution's Article 39A guarantees equal
justice for all people by offering free legal assistance to the society's
impoverished and weaker groups. Each High Court has formed a High Court Legal
Services Committee, and each State has established a State Legal Services
Authority. Justice and equality are mutually exclusive concepts; to be unjust
is to be unequal.
Therefore, the most crucial issue is how to find free
counsel in family court issues for individuals who aren't financially stable.
Finding a lawyer is never a difficult task; the most important thing is to find
a passionate and generous counsel for people who lack sufficient expertise and
resources. Although no legal professional will advise it, you have the option
to do so if you are strapped for cash.
A social justice statute that has good intentions on paper,
but is rife with issues in practice is the Legal Services Authorities Act.
Legal assistance is far from being delivered in the most optimal way, as
lawyers and social workers pointed out, due to corruption and difficult
processes that discourage attorneys from accepting free cases.
However, only individuals who meet the requirements outlined
in Section 12(h) of the Legal Service Authority Act, 1987, are qualified for
free legal aid. It provides that individuals who meet all or some of the
requirements outlined in Section 12 are entitled to legal services as long as
the relevant authority is satisfied that the individual has a prima facie case
to bring or defend.
Steps to be taken if
Lawyer is not helping:
Going back to the agency or organization that assisted you
in receiving pro bono services, or, if your lawyer was chosen by the court,
going through the court, is the most effective option to request a different
lawyer. However, until their legal representation has ended, lawyers are
required to give clients honest, correct advice, including assistance in
transferring matters to new lawyers.
In addition, if your case is not being helped by the government
attorney, a complaint may be made to the court. Lawyers must diligently present
their client's case in accordance with the rules of professional behavior. If
they do not, they could be punished. As we know Being unhappy with your lawyer
or her work is frustrating, especially if you are unsure of how to proceed. The
complaint can be filed in the same court where the divorce proceedings are
being conducted. If divorce
lawyer in Mumbai is not representing your case properly, then a complaint
can be filed in the same court. Likewise, complaints can be filed against divorce lawyer in Gurgaon.
Even if the lawyer appointed for court marriage is not helping you properly, a
complaint can be filed against him also. If a couple has done court
marriage in Delhi then a complaint can be filed against that lawyer whom
you have appointed for court marriage.
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