Getting a divorce is far more difficult than getting married these days, says Rahul Soni
The divorce stigma is being eclipsed by the cost of getting a divorce these days. Though tight-lipped about figures, it is common knowledge that celebrity couples and those reposed in the upper echelons of society pay a hefty sum to enforce the separation. It almost feels like that, think of the professional charges to acquire an able representation, which is done with the intention of cutting losses on the big price–the alimony.
As we all know that divorces can be obtained through mutual consent, it is the contested variety that demands a lot of money and at times a good chunk of your savings. Meera Sanzgiri, a seasoned family court lawyer from Mumbai says ” The cost for a divorce by a mutual consent will vary from 10,000/- onwards and may progress upwards as per the efforts put in the matter. A contested matter will cost anything from 50,000/- upwards depending upon the complexity of the matter and the hearings required depending upon the length of the case. The costs will also depend upon the seniority of the advocate.”
Each hearing according to a reliable source costs a minimum of Rs 20,000/- upwards and a minimum of 2 years is expected for a case to reach judgment. Initial consultation fees are as high and upwards of Rs 10,000/- which involves a half an hour chat with an associate at the lowest rung. The message is very crisp –divorces are meant for the affluent–and only for the affluent. The lower
middle class which happens to cover a major chunk of our population are left with no choice but to do the tightrope on the point of a needle. Alimony would not even cross their imagination.
As Sanzgiri points out: “Alimony is one of the major issues fought for in a divorce case. Alimony is decided based on the income earned of the husband and the wife. At times the same is difficult to prove as income is not reflected in the Income Tax returns or parties plan their financial affairs to reduce their incomes to avoid paying alimony. Most of the parties do not come clean on their income details before the court.”
An astute observation by Rowna Robinson –Professor of Sociology, IIT Mumbai, reflects the choice made by most women as they happen to be economically weaker, when she says “divorce rate is actually still very low in India. in fact, it is not clear whether we are seeing an increasing divorce rate now or whether the divorce rate in the past was artificially held down to the fact that women had so few choices because of their lack of education or employment opportunities and any form of economic independence.”
It could be said that the stakes are serious for any family as it happens to be a highly emotional episode capable of inflicting scars for life, but the situation becomes even grimmer if children are involved in the mix. “The most important factor that I’ve seen exists throughout all groups, is the time around the birth of a child; and financial instability (not financial stress)- triggering a range of issues
which if left unresolved often lead up to separation,” says Mumbai-based psychotherapist and counselor Kunjal Shah.
Advocate Sanzgiri adds, “Children are the main sufferers in the divorce matters and are used as baits by the parents to claim maintenance. Children are manipulated by parents and are brain washed by the custodial parent. Access issue is a very hotly contested matter and many times the custodial parent refuses to give smooth access as per court orders. Family courts have recently introduced a parenting plan which aims at resolving issue of access.”
The canvas is painted with deception as most parties hide their true financial standing to avoid heavy alimony, which gives us an inkling to the element and level of fraudulence that in its primitive variant of dowry attracts criminal proceedings. “Criminal lawyers are hired when there is an element of cases filed under Sec 498-A of the Indian Penal Code (Dowry related matters) – Matters under Protection of Women under Domestic Violence Act, 2005. Sec 498-A cases are tried in the Metropolitan Magistrates Court,” notes Sanzgiri.
It seems for the economically deprived struggling to make ends meet when burdened with a difficult marriage, exorbitant representation fees is the last straw. Although the right to a lawyer is a privilege made available to all citizens in a liberal-democracy such as India, which means despite financial constraints one would be represented in the court of law, leading us to the corollary question on the quality of representation, in other words how good is you
r lawyer?
Veena Gowda, women’s rights advocate opines,” It is binding on lawyers in European nations to reserve 10 percent of their professional work for pro- bono cases, thereby the judicial system ensures high standards in client representation. India must follow in that direction to improve the quality of representation for those clients, especially women who are financially weaker in most cases to benefit from such egalitarian practice. “
It is worth noting that many lawyers in India do pro-bono work of their own volition and there are NGO’s which play the role of financial planks for distressed individuals desperately in need of good lawyers, but the machinery as Gowda instanced earlier is still vapid and the tentacles of egalitarian virtue are yet to take shape and reach those in dire need of it.
