Procedure to receive money from court
durga
(Querist) 16 May 2016
This query is : Resolved
Sir,
I have approached the family court for taking divorce mutually. As per the agreement between me and the opposite party, the money that I have to receive back from that party was deposited in the family court and as per the agreement I am at liberty to take it immediately once the divorce is granted. But now it is more than a month and I have not received the money yet. The lawyer represented us in this divorce case is the lawyer and the relative of that opposite party. He said he will file the petition to take the money out from the court. But he is doing nothing in that regard. I am in the dire need of money. Earlier the party and the lawyer said Court will immediately give the money once the decree of divorce is given. Now the lawyer says it will take several months time to receive the money. I don't even know whether the lawyer has moved the petition or not. If I have to change the lawyer, I am not in a position to bear the fees again. I am already in financial debt and I have to repay several people. Whether court will respond if I submit the petition on my own through post? By post because I am residing at a different place.
Devajyoti Barman
(Expert) 16 May 2016
I am not sure about such deposits as at least in WB there is no such procedure to deposit money in the case of mutual divorce.
I regret to inform that you seem to have been cheated.
Anyway to be sure on this issue engage another alwyer and get information whether any money is at all deposited with court.
Devajyoti Barman
(Expert) 16 May 2016
Check whether in the petition for mutual divorce any such statments on depositing of money in court is made or not.
You should have taken independent opinion of another lawyer when the lawyer is relative of your ex husband.
Rajendra K Goyal
(Expert) 17 May 2016
If in actual any such deposit exist, take services of another lawyer.
If the fact is mentioned in the decree, discuss with another lawyer and move for lodging criminal complaint.
