A maintenance case is usually urgent and small in value, which is exactly why the fee matters. Someone who needs monthly support from a spouse, parent or child wants to know what it will cost to get an order and, if the order is ignored, what it will cost to enforce it. Maintenance can be claimed in several forums, and the route you choose changes the work involved and therefore the fee.
FileX Advocates handles maintenance and alimony matters in Kolkata. This page explains how advocates charge for them; the firm's own rates are published separately.
Which route, and why it changes the fee
- A summary application before a Magistrate. Under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, formerly section 125 of the Code of Criminal Procedure, a wife, a child or a parent who is unable to maintain himself or herself may seek a monthly allowance. The procedure is quick and relatively cheap, and no advocate is needed for the other side to be heard.
- Interim maintenance in a matrimonial petition. Where a divorce or restitution case is already pending, section 24 of the Hindu Marriage Act, 1955 allows an application for maintenance and the expenses of the proceeding while the case is pending, and section 25 deals with permanent alimony at the end.
- An application under the Protection of Women from Domestic Violence Act, 2005. A monetary relief application under that Act can be made alongside other protection, and often runs in parallel with a section 144 proceeding.
Acting in two forums at once means two sets of drafting and two sets of hearings, and that is reflected in the fee.
How advocates charge in Kolkata
- First consultation. A paid meeting to decide the right forum, and to work out what the applicant's needs and the respondent's means are, since an order is based on both.
- A fixed fee for the petition. Drafting and filing a maintenance petition, with an affidavit and a list of documents, is a defined task.
- A separate fee for the interim application. An application for interim maintenance during the pendency of the proceeding is usually charged separately, because it is separately drafted and argued.
- Per-hearing appearance fee. Maintenance matters are listed repeatedly, and many advocates bill each appearance, especially where the respondent seeks adjournments.
- A fee for execution. If the order is breached, enforcement is a new application with its own hearings.
- Retainers. Rare in individual maintenance cases, common where a company is obliged to maintain a dependant and wants the matter managed over time.
What is not the advocate's fee
- Court fees for filing; these depend on the statute under which you file and are governed by the applicable schedule, so confirm the current amount at the filing counter.
- Process fees for serving notice on the respondent, and the cost of substituted service by publication if the respondent cannot be found.
- Notary and attestation charges for the affidavit and vakalatnama.
- Photocopying, printing and the cost of extra sets of documents.
- Certified copies of the order, which you will need before any execution step.
- Travel and out-of-pocket expenses where the court is outside the city.
- Any amount that the respondent is ordered to pay you is not a fee and does not belong to the advocate.
What drives the cost up or down
- Whether the respondent appears. A respondent who appears and contests triples the work compared with one who does not.
- Proof of means and needs. An order depends on the income and liabilities of the respondent and the needs of the applicant. Where income is concealed, you may need bank records, salary slips and, sometimes, an application to compel disclosure, all of which adds cost.
- Number of dependants. A single applicant is simpler than a wife and several children applying together.
- Forum. A summary application before a Magistrate is generally cheaper than a contested matrimonial petition, and cheaper still than parallel proceedings in more than one forum.
- Enforcement. If arrears build up, an execution application is filed. The statute requires the application to recover arrears to be made within a set period of the amount falling due, so delay increases the risk of losing part of the claim.
- Appeals. Either side can challenge an order, which means fresh drafting and hearings in a higher court.
Questions to ask before you engage an advocate
- Which forum gives me the fastest and cheapest route, and why?
- Is the fee for the petition only, or does it include the interim application and the hearings?
- What will you charge for each stage, and how will I be told when a stage begins?
- Are you acting in any other matter connected with this one, and will that change the fee?
- What happens if the respondent seeks adjournments, and how is that billed?
- What will it cost to enforce the order if it is not obeyed?
- What should I keep aside for court fees, process fees and certified copies?
Our published fees
Maintenance cases are often filed by people under financial pressure, so we make the published rates easy to find before you decide. Our published consultation and appearance fees are set out on our pricing page. If you already have a pending matrimonial case, ask for a quotation for the maintenance application after we have read the pleadings. You can reach us through the contact page, and our guides explain how an order is obtained and enforced.
Can I claim maintenance and divorce in the same case?
Yes, if the petition is pending under the Hindu Marriage Act, 1955 you can apply for interim maintenance and the expenses of the proceeding while it runs, and the court can deal with permanent alimony at the end. You can also apply separately before a Magistrate under section 144 of the BNSS, 2023.
Does the respondent pay my advocate's fee?
In a matrimonial proceeding the court can direct a party to pay the other's litigation expenses, and section 24 of the Hindu Marriage Act, 1955 specifically provides for the expenses of the proceeding. Whether an order is made, and for how much, depends on the facts, so do not plan on a refund.
What happens if the maintenance order is ignored?
The order can be enforced by an application to the court, and the statute provides for recovery as if it were a fine, with imprisonment as a last resort. Because recovery of arrears has a time limit, apply promptly rather than waiting for a large sum to accumulate.