Reading a Fee Quote: What Should Be Inside It
Two quotes for the same mutual consent divorce can differ by a factor of three without either being dishonest, because they cover different things. The useful question is not "how much" but "for what". A quote that names a single figure with no scope is the one most likely to grow, hearing by hearing, once the case is under way.
Inclusions and Exclusions
| Item | Normally inside a professional fee | Normally separate |
|---|---|---|
| Consultation and case assessment | Yes, often free initially | Written opinion, if requested |
| Drafting petition, affidavit and settlement terms | Yes | Extensive re-drafting after the other side's objections |
| Filing, scrutiny and removal of objections | Yes | Refiling after repeated registry objections |
| Appearances at first and second motion | Yes | Each adjournment sought by the other side, in some engagements |
| Court fee, notary, stamp paper, typing, photocopying | No | Paid by the client, ideally against receipts |
| Appeal, execution, or a separate maintenance or custody case | No | Separate engagement and fee |
Ask for the quote in writing, with the number of hearings it assumes. A mutual consent matter that settles at the second motion involves perhaps six to ten listings. A contested matter involves dozens. The fee should say which of those the figure covers.
What Actually Drives the Cost Up
- Service of notice. An untraceable respondent means publication and substituted service, each with its own costs and its own delay.
- Custody and alimony disputes. These are separate applications with separate evidence, and they rarely settle quickly.
- Parallel proceedings. A DV Act case, a maintenance application, or a Section 498A FIR multiplies appearances across forums.
- Interim applications. Every injunction, maintenance or exemption application is a hearing in itself.
- Distance. A respondent in another state or abroad adds travel, and where the matter goes to the High Court, adds a second forum.
Paying Sensibly
The usual structure in Kolkata practice is an engagement amount at the time of filing, with the balance in instalments linked to stages — first motion, second motion or evidence — rather than to outcomes. Outcome-linked fees are not appropriate in a matrimonial matter, and any arrangement that makes the lawyer's payment depend on the decree should be treated with caution. Always obtain a receipt showing the matter's name and the amount, and keep the court fee receipts separately, because they are refundable in part in some situations and are always needed for the accounts.
Where means are limited, Section 24 of the Hindu Marriage Act, 1955 allows a spouse to apply for maintenance pendente lite and for the expenses of the proceedings, and the court can direct the other side to bear the cost of the litigation. That application is often the practical answer to a fee problem, and it is best made early.