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ashish   29 August 2016

Change of judgement order by lawyer

Hi,

I had filed a Divorce case in hyderabad for divorce and got ex-parte divorce as my wife did not appear the court after somany notice. I have the judgement order and order sheet of court where it is mentioned that "granted decree for divorce". As per the deal between me and my lawyer , i paid 60k to my lawyer but as this case got completed in 1.5 year so my lawyer is asking me another 20K (which is not part of my deal). he is threating me that if I will not give this 20K to him then he can change the court order to case continue (from granted decree). even he did not help me to get the certified copy of order sheet so i get it by myself by going to family court.

Could you please help me to understand , if my lawyer can change the court order to case continue (where in the order sheet , it has been wrriten that Granted decree of divorce)

Please suggest



Learning

 13 Replies

innocenthusband   29 August 2016

If the lawyer could get court order changed then people would pay lawyers and just get the verdict changed.

 

You have one last step to finish before your divorce becomes truly exparte and that is publication of the divorce notice in the paper. Get that done and your wife has no means to harass you later on.

 

Also, it seems you finished your case in just 1.5 Years. Do you mind explaining how you managed it in such a short period. You are truly lucky to have got the divorce order soon.


(Guest)
Apply party in person cc copy in court then u will get order

KS Johal   29 August 2016

Lawyers are not able to change the verdict of The Honourable judge and the honourable Court once a decision has been made. They can only challenge it provided that the appropriate people involved consent to it. In order to do this one would need to take appropriate legal steps to be able to change the verdict of the court order.

N.K.Assumi (Advocate)     30 August 2016

Innochusband said it. It is a pure and simple case of Perjuy.

Amandeep singh   30 August 2016

Lawyer can't change the order don't worry it's just theates. You can file a application into concern court for cancel the power of attorney in urs case if u still in doubt then he will be unable to act in urs case. And for certified copy u can apply directly to the court .

b.goheel   30 August 2016

you ask your lawyer how.
even better tell about to your opponent lawyer. she/he can better guide you.

@ ks johal
your reply seems practical. but silence on - how ?

ashish   30 August 2016

Hi All,

I would like to thanks all of you, for your quick response and guide lines.

may god bless you all..

ashish   30 August 2016

@innocenthusband,

You have mentioned that "publication of the divorce notice in the paper"

I would like to know that , if court has alreday given ex-parte order and case is already completed in court, after that should I go for paper publication ?

If yes, then I have to do by myself as now court won't be involved in this (As per court , case is over). If I can go personally for paper publication then please give me some hints that what should be in content for paper publication ..

ashish   30 August 2016

@innocenthusband,

It is not only 1.5 years to get the judgement , before that i have spent around 1.5 years for Restitution of Conjugal Rights case. There also , I got Ex-parte order. It is almost 3.5 years and 1 years waiting time , before going to court. Still I feel lucky when I see some other people, who are struggling in every day's life in similar cases..

P. Venu (Advocate)     30 August 2016

Yes, this is an empty threat. You can ignore it.

b.goheel   30 August 2016

queriest is not cleared about which one is first rcr or divorce.
how it run - simultaneously or one by one.
who file which case.
appears to be he is luckiest person so tht he spend 1.5 yr in rcr and 1.5yrs in divorce petition no less no more completed in a 3 years.
so perfection of timing.like a regular show is over after 3 hour

innocenthusband   30 August 2016

Originally posted by : ashish
@innocenthusband,

You have mentioned that "publication of the divorce notice in the paper"

I would like to know that , if court has alreday given ex-parte order and case is already completed in court, after that should I go for paper publication ?

If yes, then I have to do by myself as now court won't be involved in this (As per court , case is over). If I can go personally for paper publication then please give me some hints that what should be in content for paper publication ..

 

 

I heard this from my lawyer, please check with your lawyer. Its not a foolproof solution, but suppose your wife turns up at court with a medical certificate stating that she was in a coma, you can say that the notice was mentioned in the prominent local newspaper. Newspapers are used as defacto medium of advising status of ones death, change of name, etc due to legal provisions.

 

Originally posted by : ashish
@innocenthusband,

It is not only 1.5 years to get the judgement , before that i have spent around 1.5 years for Restitution of Conjugal Rights case. There also , I got Ex-parte order. It is almost 3.5 years and 1 years waiting time , before going to court. Still I feel lucky when I see some other people, who are struggling in every day's life in similar cases..

 

Great to hear that. I assume you always followed up on your case and did not skip a date. I am also in your situation, Im less than a year away from getting my release (started 2 years back)

innocenthusband   31 August 2016

Originally posted by : autohide4u
Counting chickens before they hatch?

 

You mean I should start counting after 10 years? 

 


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