LegalFighter (test) 10 September 2015

MY LAWYER

Dear Experts,

1. I have filed RCR before 2years and my wife dragged the case for more than 1 year

2. That time itself i asked my lawyer to file visitation rights for my child but he denied saying some reasons like "we will do on next hearing", "If we do that , case will get dragged and you wont rejoin your wife again".Now i understood he had been influenced by opposite lawyer.

3. I changed my lawyer 3 months ago , not pressed my RCR and filed divorce under cruelty of not showing the child,etc., and 2 years separation.

4. On the first hearing of my divorce case,I filed my child visitation petition as an IA

5. My wife accepted for MCD(but not ready for reunion) and demanded completely child custody.One fine day I not pressed divorce case and filed MCD petition.First motion is done.

6. My new lawyer has also been influenced now based on the below facts:

He did not show the MCD petition to me and on the final moment, inside the court he got my signature in petition and vakklath and filed.I have not completely readout the petition even.
He forced me to withdraw my divorce case before my child visitation petition is numbered and he emotionally blackmiled saying "if you contest you wont get divorce before 4 years" and "you cannot see your child even if you file visitation petition,they will get stay at high court if judgement is given".
He was behaving differently on my first hearing of divorce case and only on my compeltion he gave child visitation petition inside
While withdrawing my divorce petition, Judge said my lawyer "They have put counter".I didnt understand completely.When i asked my lawyer, he didnt respond properly.
Initially he told "get the MCD judgement and then you can file GWOP with visitation rights".But now he is telling "No, you should not file GWOP/Visitation rights even with other lawyers after getting MCD judgement"
He forced me not to file visitation rights as an IA in the 1st motion of my MCD and told "If you file visitation petition, she will not come for 2nd motion and you have to roam to court for years"

1. Now I doubt both lawyers are playing behind me and might have removed my Child visitation IA from the divorce case which i have withdrawn.What is the procedure to request court to get all my case details with a notary signature or court seal?Please provide me all the possible ways

2. At any point of time I dont need to loose my visitation rights of my child and am ready to bare his expense also.Even I have sent several mails and SMS to my wife asking her to show my child atleast.Shall I give the visitation rights IA myself in the second motion(prepared with the help of other lawyer)?

3.For this new lawyer, I dont want to pay any more because, he didnt do what i requested and now he acts like an opposite lawyer.Already he has taken 50 thousand as advance from me. Whats the procedure to cancel the vakkalath givien to him? I need to cancel it by myself.Please advice

I am the only bread winner in my family taking care of my old parents .My father in law is a bussiness man and he influences my lawyer(whomsover i go) with money and political power. I am expecting a honest lawyer to answer(honest all possible answers)/help me.

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5 Replies

(Guest)

There is nobody honest left.

All this is a waste of precious time, you are simply loosing years whch wont come back.

Decide fast on MCD take divorce and marry someone else. Time and tide wait for none.

deep (deep) 10 September 2015

Feel good when I see male parents striving to see their child, but feel bad about those wives who don't let father and child meet. I also pray and wish that one day my husband will also wish and show interest in our child and at least look at him at least once give him smile. He does not even look at our child and just change seat in court whenever I try to make him stand or sit near his seat. I don't know why m sharing this here, probably becoz don't know how to make my child get care from his father as well.

harrassed 13 September 2015

Hi Tamilinian, Most of the time the strugglers get into bad hands. Feel sorry for your situation. Although, I'm not an advocate, I see that I can answer your question on how to get the papers that are submitted inside the court. You can file an Copy Application (CA) on the petition. You have to wait for 10-15 days to get all the relevant documents. You can do this yourself. If you doubt your advocate, approach any other advocate 1 time to get it going (if required.) Wish you all the best...

T. Kalaiselvan, Advocate (Advocate) 19 September 2015

It is pathetic that even the advocates have played havoc on you besides your wife playing the torture games.

Well, you should know that once he main petition is disposed the attached IAs are disposed automatically and the pending IAs become infructuous therefore your visitation rights petition has become infructuous once you withdrew the divorce petition.

The visitation rights petition is just an interim relief hence it cannot be filed with MCD application, you have get into a MOU with her about the child custody and have it recorded in the divorce decree otherwise you may have to withdraw the MCD and file a fresh divorce petition on the same grounds and also file a petition seeking child custody.

Before that you can disengage the services of your advocate either by getting a NOC from him or by filing a memo before the concerned court stating that you withdraw your vakalatnama given to the advocate engaging his services for the reasons whatever you may state, the court will accept your memo and order discontinuation of his services and permit you to engage the services of another advocate if you so insist.

LegalFighter (test) 20 September 2015

Sir,

Thanks for your advise sir.Suppose in the second motion If i couldnt give a memo to my advocate to disengage him, can I go for an open hearing some other day to file the same memo to disengage my advocate?