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Sufferer   26 April 2016

Change of lawyer for fighting divorce

Dear members/experts,

I have filed divorce case a year ago, and my spouse is yet to submit counter.

Since last 1 year, my spouse is delaying by requesting judge for out of court settlement, during this process of interactions, my adovocate is totally misleading me talking on my spouse behalf. Now i feel, that he is converted as he started threatening me of false cases to be filed by my side if i dont agree for settlement.

so is there any way to change my advocate, i doubt he wont give noc that easily.

If my spouse files dvc, sec 24, 125, etc. Can i engage another advocate for fighting these , retaining my earlier lawyer for 13 1 1a if he dont give NOC.

What will be the consequences if o do so, plz advise, i am really very much confused of what to do and how to do, pls guide me.



Learning

 6 Replies

Vijay Raj Mahajan (Advocate)     26 April 2016

Just throw him out if you are not satisfied with his services, No question of any NOC, just pay him off his agreed fees and thats it, engage another lawyer replacing him for your divorce case.

LegalFighter (test)     27 April 2016

It's hard to find a honest advocates. Try changing advocates. Speak fee as per his proceeding and response at every stage. Try googling and find out basic laws and section. This forum would give u enough information. Try fighting party in person.

Born Fighter (xxx)     27 April 2016

You have wasted one year, do as advised by Adv Vijayji.

 

Meanwhile while what is wifes expectations as one time settlement ?, it appears she does not have the will nor courage to file those cases as mentioned by ur lawyer, so why dont you bargain for a decent one time amount and get rid of your wife. Its a wastei of time to fight cases where u want to give divorce to ur wife. Consider the amount that you pay to ur wife as an investment in exchange of ur freedom. Move on.....dont waste ur time , find someone good and enjoy life......afterall its just one life !

 

Meanwhile at the least be prepared for a maintenance claim from ur wife....unable to understand why she has not filed interim maintenance claim as yet.

Anand   27 April 2016

Sadly some advocates sell out on their clients in this way. You don’t need any NOC from your advocate, just pay him his agreed fee and hire another one. Also I would agree to some extent with “Born Fighter” that you should look into the option of a negotiated settlement. In India getting a contested divorce is very time consuming and costly. Even after you get the divorce it can be appealed a number of times up to the Supreme Court by your wife. And to add on to this there is the possibility that she will file false criminal cases against you and your family (which sadly has become the norm nowadays) which will involve more litigation, more time, and more expense on your part. Apart from this it has become common for women to file for maintenance under the Domestic Violence Act (even when no domestic violence has taken place) because their lawyers will advise them to, which will again involve more time and expense on your side and you may end up paying monthly maintenance or interim maintenance while the case is being heard which could last for years. I don’t suggest you pay any astronomical amount that your wife asks for, but if you can come to a negotiated settlement it would be beneficial to both parties.

LegalFighter (test)     28 April 2016

If you really suspect your lawyer, prepare a handwritten letter directing to hon. Judge stating that you are going to change the lawyer and the current lawyer is no more related to you case and vaikka lath given to the said lawyer is withdrawn. This simple letter is called Memo. Dont tell you lawyer. On the hearing date when your lawyer appears with you,just give it to the judge directly. Judge in turn will give the letter to your lawyer. Boom... That's it.. In the same letter tell that you are ready to pay any remaining fee to the lawyer. Now you are free to select another lawyer. This is already advised by an expert Kalaiselvan in the same forum. This is a clients basic right.

LegalFighter (test)     28 April 2016

If your lawyer needs more money he needs to file recovery suit. And if you have given more advance and get your money back, still you have similar way. So don't afraid. Go ahead and throw any corrupted advocates in this way

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