Divorce Filing Fees in Chandigarh District Court: Complete Breakdown
Divorce Filing Fees in Chandigarh District Court: Complete Breakdown – For a person a marriege is the most important decision that changer the life and marks a new beginning of the life of two individuals. On the other hand going through divorce is one of the most difficult and emotional experiecne that aperson faces. And if become nececosrry to ge caution about getting caught off guard in any legal points. If you are planning to get a divorce in chandigarh district court in become more and mnroe inmporatnt to understand the all the points and cost estimation that is involved in the divorce filling fee in chandigarh distric court.
Irrespective of whether you file for divorce through mutual consent as per Section 13-B of the Hindu Marriage Act or file for divorce in a contested matter as per Section 13, the Divorce Filing Fees in Chandigarh District Court is governed by the Punjab Court Fees Act along with the schedule issued by the High Court of Punjab and Haryana.
Understanding Divorce Filing in Chandigarh
Divorce cases in Chandigarh are primarily handled by the Family Court, which falls under the jurisdiction of the District Court. Divorce can be filed under different laws such as:
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Muslim Personal Law
- Indian Divorce Act (for Christians)
The cost of filing a divorce depends on whether it is:
- Mutual Consent Divorce
- Contested Divorce
Where Are Divorce Cases Filed in Chandigarh?
The divorce petition process takes place at the District Court within the courts complex situated at Sector 17. The fee structure at this court is based upon the Punjab Court Fees Act of 1870, as well as the rules and schedules made by the Punjab and Haryana High Court. The Divorce Filing Fees in Chandigarh District Court are charged according to the nature of divorce being pursued
Mutual Consent Divorce Fees – Section 13-B, Hindu Marriage Act
This situation, where both parties decide to divorce and they come to terms on all aspects including support, custody of children, and distribution of property, is termed as a mutual consent divorce.
In this process, there is a petition filed jointly by the couple, followed by a cooling-off period of six months, and a further filing of another petition.
Here is what you can expect to pay in court fees:
- Court Fee Stamp on the Petition: A court fee stamp of roughly ₹200 to ₹500 is affixed on the main petition at the time of filing.
- Process Fee for Summons: To issue a notice to the other party, a separate process fee of around ₹100 to ₹200 is deposited at the process fee counter.
- Registered Post Charges: If the notice is sent by registered post, an additional ₹50 to ₹100 is charged.
- Second Motion Filing Fee: When the second motion is filed after six months, a fresh fee of ₹100 to ₹200 applies.
- Certified Copy of the Divorce Decree: After the court grants the divorce, obtaining a certified copy of the decree costs around ₹100 to ₹300.
- Total Estimated Court Fees: For a straightforward mutual consent divorce, the total court fees generally fall between ₹550 and ₹1,300. This does not include your advocate’s professional fees.
Contested Divorce Fees – Section 13, Hindu Marriage Act
Contested divorce is the filing of divorce where one party refuses to grant consent for the divorce, or where certain grounds like cruelty, adultery, desertion, insanity, and conversion are cited. It is an intricate process and requires more time, thus leading to higher costs.
Court Fee Stamp on the Petition: the court fee stamp fee ranges from ₹500 to ₹2,000 depending on the reliefs claimed.
Process Fee per Respondent: A process fee of ₹200 to ₹400 is charged for serving notice on each respondent named in the petition.
Publication Notice: If the other party cannot be located or served personally, the court may direct that notice be published in a newspaper. This can cost anywhere from ₹1,500 to ₹5,000 depending on the publication.
Interim Application Fees: During the course of the case, you may need to file interim applications for temporary maintenance, child custody, or an injunction. Each such application carries a fee of ₹100 to ₹500.
Affidavit Notarization: Affidavits filed as evidence need to be notarized, which costs ₹50 to ₹100 per affidavit.
Certified Copy of the Final Order: Once the case concludes, the certified copy of the decree costs ₹200 to ₹500.
Total Estimated Court Fees: In a contested divorce, total court fees can range from ₹1,500 to ₹8,500 or more, depending on how many applications are filed, whether publication notice is required, and the value of claims made.
Fees for Related Proceedings
Divorce cases often give rise to connected legal proceedings, each with their own court fees. Here is a quick reference for the Divorce Filing Fees in Chandigarh District Court:
- Maintenance under Section 125 CrPC / BNSS: ₹200 to ₹500.
- Child Custody Application: ₹300 to ₹600.
- Domestic Violence Petition under the DV Act, 2005: No court fee at all. This is completely free by law, making it accessible to every woman regardless of financial situation.
- Restitution of Conjugal Rights (Section 9 HMA): ₹200 to ₹400.
- Judicial Separation (Section 10 HMA): ₹300 to ₹600.
- Contempt Petition: If the other party violates a court order for example, by not paying maintenance a contempt petition costs ₹200 to ₹500 to file.
- Execution of Decree: If you need the court’s help to enforce the final decree, execution proceedings cost ₹300 to ₹800.
How to Pay Court Fees at Chandigarh District Court
First, discuss with your advocate for determining the appropriate court fee for your petition. Secondly, buy the court fee stamps from the licensed vendors near the Sector 17 Court complex. They will have to be put on the first page of your petition prior to its submission at the time of filing your case. It should be verified by the clerk in the registry that the value of your stamps is correct. The process fee needs to be paid in cash separately in the process fee counter. After all the fees are paid, your case registration takes place.
Who is Exempt from Court Fees?
Not everyone is required to pay court fees. There are three main categories of exemption available for Divorce Filing Fees in Chandigarh District Court.
Indigent Persons: According to Order 33 of the Code of Civil Procedure, anyone who is truly unable to pay for court fees is eligible to file a case as an ‘indigent person.’ The court will review his/her financial condition to grant him/her this status. Once granted, the court fees will not be applicable.
Cases of Domestic Violence: As already stated above, the Protection of Women from Domestic Violence Act, 2005 is exempted from payment of court fees.
Recipients of Legal Aid: If you have hired a lawyer on the basis of ‘legal aid’ provided by the District Legal Services Authority (DLSA), Chandigarh, then the court fees may be waived off. The office of the DLSA is located in the same courts complex.
Divorce Filing Fees in Chandigarh District Court: Complete Breakdown
Court fees are only one part of the total expense involved in a divorce. To budget accurately, you should also account for the following:
Advocate’s Fees: And this usually constitutes the most significant expense. The rates charged for this depend on the expertise of the lawyer, as well as the intricacy of the situation you find yourself in. A mutual agreement divorce tends to be cheaper compared to a contest divorce.
Notarization Charges: Vakalatnamas, affidavits, and supporting declarations often need to be notarized, which adds a small but recurring cost.
Mediation Charges: Cases related to marriage are usually referred to the Mediation Center by the Chandigarh Courts. In case the referral is made by the Court, no charges are levied on the couple seeking mediation. The process of mediation may even help you save considerable time and money.
Miscellaneous Expenses: Photocopying, courier charges for serving documents, and travel costs to court can add up over the course of a long case especially in contested matters.
Consult Advocate Amit Gupta
Advocate Amit Gupta is one of the most trusted and reputed for divorce and matrimonial disputes in chandigarh. Contact Advocate Amit Gupta now
Address: Sco 173-174, near YES bank, Shopping Plaza, 17C, Sector 17, Chandigarh, 160017
Phone no: +91-7888700485
Gmail : lovemarriageadvocate@gmail.com
