- Date 24 Dec 2020
- Category Metrimonial Law
ABOUT THIS PROJECT
Maintenance is an amount payable by the husband to his wife who is unable and incapable to take care of herself upon separation or divorce.
The amount of maintenance is either fixed by the Court or it’s agreed mutually between the parties before finalizing the divorce.
The factors supported which a lawyer charges their client during a case for maintenance vary from one legal practitioner to other but there are often broadly summarized into the subsequent :-
Violation of the principle that a litigant must approach the Court with clean hands
It implies that one who seeks relief from Court must not be guilty . during this case when a wife who seeks maintenance from the Court by filing an application thereto effect must not be in adulterous extra marital relationship.
If this is often the case, then it’s very hard for the lawyer of the petitioner to achieve their case and hence the probabilities of success are low and fee would be charged accordingly by him.
Expertise of the lawyer
As specialized firm or a lawyer that specifically deal in such cases, the fee would be determined accordingly which might be cumulative of taking their domain knowledge, the professionalism and therefore the convenience offered by them to their client.
The charges for a case and therefore the domain knowledge of the advocate thereon matter are usually directly proportional.
The quantum of the upkeep that’s secured by the writ
The fee of lawyer in such cases depends upon the quantum of the upkeep that the Court awards in favor of the client. Commonly, there’s a percentage fixed for the lawyers as their fee within the quantum of maintenance awarded by Court.
Complexities involved during a case
Other difficulties like the approach of the Court, availability of favorable judgments and therefore the likelihood of the success also effect the fee that’s charged by a lawyer in cases for maintenance.