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Suneetha   05 December 2016

Contested divorce - process and time consumed for each step

Hi,

I have filed contested divorce against my husband on cruelty ground(domestic violence) on 17 november 2016. Filing was done in LB Nagar family court(comes under Ranga Reddy District of Telangana) of hyderbad. My lawyer informed me on the filing day that it will take 15 days to issue the summon to my husband. I am following up with her on it but, she is not providing me the information on complete (step by step) process and time consumed for each step.Today when i called her regarding the status of my case, She told me that i need to sign an additional document as per the new process implemented by the court. After signing this document, OP number will be given to me and i have to attend the court again in 15 days of time. Court will scrutinize my case and will examine truthness in my case, based on same summon will be issued to my husband. It might take one month from now to issue the summon. I am suspicious about what she said and feel that she wantedly delaying the process might be due to having several other cases in hand. I also feel that she is unable to concntrate on my case properly. 

Before filing the case she asked me to pay entire fee at a time which is 20,000(Twenty thousand rupees only) and i did paid it accordingly. She said this includes all the charges like court fee, her fee and all other miscellaneous charges. Its been 20 days now and till date nothing was processed. Every time i call her regardng the status, only answer i will get is, it is under process and she is busy as of now. she promised for a call back but never did it.I am thinking to change my advocate and need your advice on the same.

I have few other queries, It is requested to clarify them.

1. How much could be the court fee and lawyer fee out of 20,000. If in case i decide to change the lawyer, will she return any money or i have lose the entire amount i have paid her. I heard that if she can give NOC to me, i can go ahead and hire some other advocate. Will this be applicable even if the case is in filing stage.

2. How much time after filing will take for first hearing i.e my scrutiny/Examining the truthness. Do this really take 50 days time to issue summon to my husband.

3. If it requires 50 days to issue summon to my husband then how much time will be consumed for all the next steps to reach final judgement.

4. could you please guide me with next steps after issuing summon and also time consumed for each step.

Regards,

Suneetha.



Learning

 6 Replies


(Guest)

Hello Suneetha madam..we r Advocats firm practsng in Hyd.Initially it takes reasonable time and the disposal of case depends on various factors.However if u feel to change ur Lawyer u can do so by taking a NOC frm ur advocate along with all relevant case papers.. Thank u# Balachander Reddy Advocate

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     06 December 2016

Check your PM

1 Like

Ms.Usha Kapoor (CEO)     06 December 2016

Speedy disposal of cases depends upon several points. You can get fixed an early date  for hearing or convert your case by filing a petition under order 37 CPC which you will make  the trialI TO PROCEED EXPEDITIOUSLY.Suits which are filed  under Order 37 CPC ARE CALLED SUMMARY SUITS.iF YOU APPRECIATE THIS ANSWER PLEASE CLICK LIKE BUTON.

1 Like

sai narayana   06 December 2016

NOC is not must, but before changing you should find out a better lawyer. Check in court, who appears regularly in family court cases. Never pay your whole fee as upfront, it should be stage wise only. If your present lawyer is good, better bargain with her.


(Guest)
Originally posted by : Suneetha
Hi,

I have filed contested divorce against my husband on cruelty ground(domestic violence) on 17 november 2016. Filing was done in LB Nagar family court(comes under Ranga Reddy District of Telangana) of hyderbad. My lawyer informed me on the filing day that it will take 15 days to issue the summon to my husband. I am following up with her on it but, she is not providing me the information on complete (step by step) process and time consumed for each step.Today when i called her regarding the status of my case, She told me that i need to sign an additional document as per the new process implemented by the court. After signing this document, OP number will be given to me and i have to attend the court again in 15 days of time. Court will scrutinize my case and will examine truthness in my case, based on same summon will be issued to my husband. It might take one month from now to issue the summon. I am suspicious about what she said and feel that she wantedly delaying the process might be due to having several other cases in hand. I also feel that she is unable to concntrate on my case properly. 

Before filing the case she asked me to pay entire fee at a time which is 20,000(Twenty thousand rupees only) and i did paid it accordingly. She said this includes all the charges like court fee, her fee and all other miscellaneous charges. Its been 20 days now and till date nothing was processed. Every time i call her regardng the status, only answer i will get is, it is under process and she is busy as of now. she promised for a call back but never did it.I am thinking to change my advocate and need your advice on the same.

I have few other queries, It is requested to clarify them.

1. How much could be the court fee and lawyer fee out of 20,000. If in case i decide to change the lawyer, will she return any money or i have lose the entire amount i have paid her. I heard that if she can give NOC to me, i can go ahead and hire some other advocate. Will this be applicable even if the case is in filing stage.

2. How much time after filing will take for first hearing i.e my scrutiny/Examining the truthness. Do this really take 50 days time to issue summon to my husband.

3. If it requires 50 days to issue summon to my husband then how much time will be consumed for all the next steps to reach final judgement.

4. could you please guide me with next steps after issuing summon and also time consumed for each step.

Regards,

Suneetha.

 

To expeditiously conduct your case, you need following things:

Your own court

Your own judge

Only one case for the judge to decide ie your case

 

Rest all efforts of approaching high court for speedy trial or 21b, 1, 2, 3 application to conduct the trial on day to day basis are futile because,

Yours is not the only case the court has

Only to give dates judge will take half day, rest of the 4 hours he might hear two or three arguments

You can approach HC for speedy trial, HC will order also, LC will somehow finish the case, and might also pass an exparte order in all probabilities but such orders are temporary in nature and can be challenged in HC, if once matter goes for appeal easily 1-2 years are gone and matter again will be referred back to LC ie FC.  In FC case will again take a good 4-5 years to get over, by the end of it court might not grant divorce at all.

 

This is normal procedure and speed of judiciary in our country.  You can go for MCD, even for that you need to wait 6 months.

 

If you change your lawyer, you will simply lose the fees you gave, and again you will have to give fees to new lawyer.  But no lawyer will take up your case without NOC from old lawyer.

 

Don’t change lawyer.  Have patience, marriage and divorce, both need it.

Suneetha   06 December 2016

Hi, Thanks for all your replies.

Referring to the message posted by Mr. Balchander from hyderabad.

 I am able to understand a bit about reasonable time. But i am suspicious about below points.

1. I have appeared in court on 17th november 2016 while filing the case and signed all the documents. Now after 20 days, my lawyer is saying that i need to sign an additional document as per the new process implemented by court. Is this true that LB Nagar court have implemented this new process ?.

2. If yes then it can be concluded that filing is not complete yet and when filing is not complete, i think NOC cannot be mandatory but not sure as i am not an advocate.

3. If yes again, will it take a month from now to process first hearing. she is saying that my number is 9230 and there are 9229 members before me who filed divorce cases. This seems impractical to me. I feel that she is looking for reasons to prolong this case.

4. My husband told me that he visited her once and explained me what happened over there. I suspect that he might had some deal with her due to which she is prolonging the case.

5. As said by one of the lawyer above, there will no court fee for women filing contested divorce. Would like your comment on this.

6. This is why i am stressing on point, how much time will it take for first hearing after filing and then to issue summons.

Hope you are able to understand my query and i am eagerly waiting for an earliest response on this


Referring to the message posted by Ms. Usha kapoor.

Speedy disposal of cases depends upon several points. You can get fixed an early date  for hearing or convert your case by filing a petition under order 37 CPC which you will make  the trialI TO PROCEED EXPEDITIOUSLY.Suits which are filed  under Order 37 CPC ARE CALLED SUMMARY SUITS.iF YOU APPRECIATE THIS ANSWER PLEASE CLICK LIKE BUTON.

 

I need more information on this like fee and converting process. Could you please guide me how to do this or could you please provide me the link which can give all the required details.

Regards,

Suneetha.

 


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