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Supratim Paul (E)     29 July 2011

Help on mutual divorce under special marriage act

 

Hello All,

 

I have filled a Mutual Divorce Case on Jan 2011 this year. The  marriage was under special marriage act. The date given by the court is on Aug 2011 for hearing. 

 

 

 

I have one question:

 

1. My lawyer is saying that we need to file one more petition now. I don't understand the point already we both have signature the divorce petition while filling. 

 

WHat is this second petition required before this hearing ? 

 

 

 

2. Also I have one more question. I want to change my lawyer. My lawyer harasses me for money now and then and then threathen what we will not fight your case and behaves badly. How can I change my lawyer and is it good to change a lawyer. I am looking for a lawyer in West Bengal in 24 Parganas dist.Can you help me with this ?  

 

Also before filling the divorce my lawyer and her lawyer settled for some amount of money. I was helpless at that point because at that point they have filled a 125CrPC case against me. So i paid in cash the half money which is more than 1 lakh. 

 

Also in the divorce petition there is no mention of money. But they have mentioned.

As taken from the petition:

" States that for the period before or after the decree is passed neither parties will have any claim including alimony against the each other of any kind whatsoever arising from and in connection with or pertaining to this marriage"

 

The lawyer didn't agreed to the point of putting the money matter in the petition and it is sure they both are going to eat up. I accepted because my wife is from Kolkatta  and I am staying in Bangalore. so it will be difficult for me to come and go everytime for case. so i agreed and then she withdrawn the 125CrPC and filled the mutual divorce. 

 

I am not so rich and it is becomming difficult for me to pay the next half and also and my lawyer is harassing me to pay the money or else he tell he doesn't know ... and tells you handle your case .... and behaviour is rough.

 

What should I do in this situatuion ? 

 



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 3 Replies

Supratim Paul (E)     29 July 2011

Can someone help and reply my query


(Guest)
just file and forget... dont pay anything to lawyer... he will threaten and take dates... tell judge about lawyer and everything falls in place... ask judge whether you can fight case yourself... he will agree for it... ensure you attend each date

Alok Tholiya (self employed)     30 July 2011

There r many advocated who arm twist. And then their clerks too do that who in the name of other follow ups and work keep asking the mopney. U never pay to assitant of barber, a dentist, a doctor a chartered accountant but u have to keep paying to advo's assistane / peon too.

Rightly they have been given black coat so u can understand. There is no remedy but in the begining u must ask for bill for his work and his fees in writing and pay slab wise otherwise advo s will suck ur blood out.


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