Upgrad LLM

divorce petition- rejecting ....please help me


my wife filed 498a ,dvc on 10 members and all cases were closed and got aquittal .planning to file petition for divorce. 498a lawyer did well. This time I have choosen new lawyer in my area , becasue 498a was in different district. my current lawyer tried two times to file divorce petition but failed, he is saying that judge is rejecting the petitions due to silly reasons like not mentioned the current address of  petitioner, petitioner job. in second time not enclosed the order coopies of 498a and dvc e.t.c. 

I lost hopes on my new lawyer. i thought he is cheating me. its been 2 month now and still it is filing stage.

is it really judges will ask all these at filing stage. ? please clarify me. my lawyer is doing things properly or not. third time he filed on 2 days back and he said judge will review the petition and give the case number with in 10 days. really will take this much time? filing divorce is really difficult task?

 

And I am from Andhrapradesh.

 
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Advocate

It is a general principle to include both the petitioner & respondent's current address for communication and the cause of actions including the supporting documents and affidavit.

 

I cant believe any advocate filing a petition does not know these basics and why he is making such mistakes??? It is the duty of the judiciary to check & rectify errors at the initial stage. 

 

You opt for another skilled advocate by filing a fresh vakalatnama. You don't have to take noc from the prev. advocate as the suit is not yet filed.

 
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Ask your Lawyer about the Diary Number of the first two petitions. Go the Family court registry and check the dairy numbers. Ask the lawyer to show you a written order for rejections. Petitions do not get rejected like this but it is mandatory to write the correct addresses.

It is your right to change the lawyer if you are not satisfied with the services of the current Lawyer.

 
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