498a and Divorce Cases: How to Manage your Lawyers?

| January 24, 2015

Lawyers are in a profession. They are not doing charity. The overall income of lawyers is directly correlated to increase in crimes and divorces in the country. Often, it has been observed that many lawyers not only in India, but also in anywhere in the world misguide their client to maximize their profits. Its one thing to earn money for providing service and it is completely another thing to make money out of others misery. Often, when man are in a matrimonial problem, they find it very difficult to manage their lawyers.

The problem for men is not simple. Firstly, the Indian Legal system does not recognize any rights of a man, when he faces  marital problems. He is judged and presumed guilty until proven innocent if his wife complains to police. Even in the civil cases and family courts, he is unfairly treated just because of his gender. Given such a scenario, often a lawyer can not do much to protect the man or his parents. For example, a lawyer can not really do anything to protect a man and his family from a false dowry case. Similarly, a lawyer can not get a man divorce even after couple of years, if his estranged wife is not interested in coming to the court. Of course, it is being observed that a lot of lawyers urge the guys to file divorce by giving the false hope that he will get divorce in a year or two. That often badly backfires on the guy.

If Lawyers can not really protect men from section 498a and if they can not really get him divorce, then why do men need lawyers?

Men need lawyers because during a false section 498a case, the guy needs bail and only a lawyer can apply for anticipatory bail or regular bail. Now, here many lawyers never mention their fees upfront to the clients. Whether the guy gets anticipatory bail or not often depends on the state and the lawyer’s competency. If his bail is rejected in lower courts, then the guy may have to go to a the high court to seek bail. This bail application in high court costs more.

As far as divorce cases or family court cases are concerned, a man can fight these cases on his own. However, such a misadventure can often take so much time for the guy that he may end up leaving his job or primary career. Unless someone is extremely passionate about learning laws and court craft, one should not attempt to fight one’s own family court cases.

So, now that you know, you can not really avoid lawyers, then how do you manage them?

Meet and talk to multiple lawyers before finalizing a lawyer. The Men’s Rights Community often refuses to recommend lawyers as they know that they can not take any guarantee for the services of any lawyer. So, this work has to be mostly done by the guy himself.

Indian courts are very slow and there is no real justice available there. So, do not get over enthusiastic and tell your lawyer to fill multiple counter cases. It will cost you dear money for each counter case and the courts do not care much in these cases and counter cases.

Never pay a lawyer a huge lump sum amount for fighting the whole case till it completes. Pay him his nominal advance and pay him in installments based on service he provides. The anticipatory bails and regular bails during false cases of 498a cost the maximum. They are actually 2 or 3 days work, but they can easily cost Rs.50,000 to Rs.70,000 with medium stature lawyers in big metro cities. Only anticipatory bails may cost about Rs.20,000 to Rs.30,000 with these medium stature lawyers in Metros. However, there can also be rare small, but competent lawyers doing that job for Rs.5000 as well. Lawyers tend to charge their fees on the basis of your income. If you are a poor person earning Rs.10,000 in a month, you will be charged much less than a guy, who is a NRI earning 7000 dollars a month.

A guy must prepare well in advance for bails if he suspects he may get implicated in a false dowry case (section 498a). That will save last minute panic. The more you panic during a 498a case, the more it is likely that you will lose money to both lawyers and police. The police tends to extort as bribes and the lawyers may take you for a ride. If you have cool nerves during that time, then everything happens more or less smoothly. That is why the Men’s Rights communities are important for Men. When you are with a men’s rights community, you tend to remain calm. It is not unusual for guys to lose couple of lakhs only for bails. They key to prevent this from happening is to remain with a men’s rights community, whether you like them or not. The Men’s Rights Movement in India is one of the best in the world, and they really care for you from their heart with passion. After you get bail in a 498a case, the spending on case will drastically reduce.

If you apply divorce in a hurry, then it increases your lawyer fees. Moreover, you also need to attend the court by taking leave from your work. Most wise guys do not apply divorce, though it is the choice of each individual.

One of the best ways to manage lawyers is not to show to them that you are desperate or you are in panic. If you tell a lawyer about how eager you are to do an out of court settlement with your separated wife, there is a good chance that your whole litigation will go in a slippery slope. This can happen, even when you have a honest and good lawyers. It is not a wise idea for men to push for out of court settlements when facing threats of 498a and false criminal cases. Well, we understand that it is painful for you and your parents, but succumbing to that pressure can not only make you lose huge sums of money, but also it increases your chance of being in jail couple of days in false cases. If your separated wife is really interested in a decent out of court settlement, then she can easily convey it to you. Otherwise, this can be dealt with separately during mediation in the court. But, you being eager to escape quickly is like struggling frantically in a quagmire.

Tags: , ,

Category: Views

About the Author ()

Comments are closed.