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truth seeker   13 November 2017

Mutual consent divorce lawyer not responding

Hi, my spouse and I decided to part ways peacefully with mutually consented divorce. I am abroad and spouse is in New Delhi. We were married in New Delhi. We applied for the 1st motion which successfully concluded and we got the copy on August. The second motion is due after 6 mths, so it's in coming Feb 2018. We had the same lawyer which i had arranged.

However now i have been trying to contact my lawyer to book the tickets etc., but the lawyer has become very unresponsive. Everytime i call, the lawyer replies saying "in meeting", "will call at night" etc. but does not respond after that and it has been 2 weeks like this. I am a bit surprised as we paid whatever the lawyer had asked and didn't give the person a chance to complaint from our side.

In this case, can I hire someone else for just to conclude the 2nd motion due in Feb or do i need to stick to the same lawyer who did the 1st ? Also if i hire another lawyer, will he/she need access to any document etc. that is only present with the 1st lawyer or are those not required for 2nd motion ? I am asking because the 1st lawyer can start harassing by not giving the documents or delaying it etc.


 6 Replies

Vijay Raj Mahajan (Advocate)     13 November 2017

You can hire a new lawyer for second motion. You only require certified copies of the order of the first motion and identity proof of both parties (copy of passport, Aadhaar card, etc), proof of marriage(marriage certificate). Certified copy of the order of first motion can be obtained from the court by the new lawyer if complete case details or scanned copy of the order you share with him.

1 Like

gajender kumar gupts   13 November 2017

u can also present your case as party in person not necessarily a Advocate should be there and all the pettion u can get typed by engaging any good typist available in court they will have drafts with them
1 Like

Arif Iqbal (Advocate)     13 November 2017

You can always engage a new Advocate. No bar.

1 Like

Dr J C Vashista (Advocate)     14 November 2017

Why does the lawyer not responding, did you try to findout the reason? 

No advocate shall leave his client stranded as stated by you.

However, you may change your lawyer any time. In your case 2nd motion is altogather a new case itself.


Dr J C Vashista (Advocate)     14 November 2017

Your counsel shall arrange certified copy of 1st motion required to be annexed with the petition for 2nd motion along with few other documents.

I am practicing in Delhi, if you want may contact at:

Dr. J C Vashista, Advocate,

Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex,

Sector 10, Dwarka, New Delhi-110075

Cell # 98911592939


kunal “#unconventional #Aquari   18 November 2017

Hire a new lawyer. U just need certified copy of first motion order & ID proof of parties. Just share relevant details with him

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