Hello
My sister is going through a divorce settlement case for the past six years. Family court had ordered her husband to pay Rs 5 lakhs which he owed her and settle the divorce. Her husband and his lawyer have been delaying payment by not appearing in the court. She was hospitalized for few months and then her lawyer delayed the case saying she needs to be present and also mentioned the case need to be transferred to husband's location. Last year when she came back from hospital, she restarted the case with her old lawyer in front of a new judge in the same family court which had ordered him to pay the money. While restarting the case, her lawyer again mentioned the case needs to be transferred to her husband's location, however the case is continuing in the same court. Around that time, when the case was restarted, her husband's friend sent a message that her husband can come up with Rs 3.5 lakh. Her lawyer at that time mentioned he can get an arrest warrant issued against him and get the court-ordered money. A year has gone by and now her lawyer says, he will try to settle for 2.5lakh and remaining may be through salary attachment of Rs 10000 per month. My sister's health has been failing and I need suggestions so that this case can be settled. Her husband's lawyer says her husband has no money and can try to collect it through salary attachment. After restarting the case, one thing the lawyers have managed to do is so far, never make her husband appear in court in her presence and when she appears in court he never shows up and thus the hearing is postponed.
(i) Is there a way to settle the divorce case other than through the court? For example, through the office of the registrar of the marriages, where the marriage was registered since they have been living separately for 6 years, so that at least the divorce is settled and then separately the case can be pursued for getting the money.
(ii) She has no trust in her current lawyer, as he doesn't attend the court-dates, then says that was the wrong date or court made a mistake, there are days she attends the court and her lawyer or her husand/his lawyer doesn't show up etc.. Seems he is colluding with her husband's lawyer but there is no proof but all the statements confirm this fear. Is there a way to get a copy of the court proceedings (without the help of the current lawyer can she get "Diary B proceedings") to understand what is really going on? Is it worth it to find this information or is is better to change the lawyer? I tried to find what his fees are but he doesn't respond to my mails, but my sister has paid him Rs 1000 every court date he appeared. He gave her no receipt for the money she paid. She signed some papers initially with him, when she was in a desperate situation to start the case. Now six years have gone by and if she finds a new lawyer, will he come after her to collect more fees based on some papers previously signed and can that be stopped? How do we make the lawyer reveal what papers he has got signed from my sister? She only has a copy of the execution petition he filed asking for court ordered money+ interest, when she re-started the case. Is it easy to approach the bar council to take the lawyer to task?
(iii) Is it better to move this case to high court since the case in family court has dragged on for so many years. Can this be done easily? Are there any trustworthy lawyers in Kochi, Kerala that you would recommend who can take up this case. I feel, the new case in high court include her hospital bills etc.. since her husband(still on paper) should pay for it.
Really appreciate any suggestions/help you can provide.
Lissy
