sima 30 April 2015

My lawyer not giving noc

hello Everybody,

I paid all the money charged by my lawyer wanted before case filing and after a year he never showed up in my case if i ever asked he said he will be in trial ,no need to worry about consulting time , but i am not in a mood of consulting , i want divorce from an alcoholic who i married when i was barely 16 . My lawyer never give me the clear picture of my case . Now i consulted with another lawyer to give him my case but the previous lawyer is not giving NOC .

Please help me how i get it or any way proceed without his NOC.|

Thanks & Regards
Sima

Reply Follow

11 Replies

Sandeep (Advocate) 30 April 2015

Please appear before the court yourself and inform the court that you changed advocate and file appearance through new advocate.

stanley (Freedom) 30 April 2015

ROTFL

What for do you want Divorce ??? you state you are were just 16 when you got married , your marriage is not valid as you were a minor ,you can go ahead and get married again . you are just wasting your time and money running around the court and paying lawyers fees .

Arunkumar Dave (M.A. LL.B D.T.L.P. D.L.L.P.) 30 April 2015

marriage before 18 is illegal .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 April 2015

you can issue notice to advocate that you do not want to engage his services any more as he has continously remained absent before the court on various dates . send notice by registered post Ad . based on said acknowledgement of receipt of service you can apply to court to permit you to engage another advocate . even without NOC court can permit you to engage another advocate

Shantanu Wavhal (Worker) 30 April 2015

Originally posted by : ramachary64@gmail.com
	you can issue notice to advocate that you do not want to engage his services any more as he has continously remained absent before the court on various dates . send notice by registered post Ad . based on said acknowledgement of receipt of service you can apply to court to permit you to engage another advocate . even without NOC court can permit you to engage another advocate

rightly advised.

on next date, go to the court along with your new lawyer ... file his VP & tell the court that - now onwards, instead of the 1st lawyer, the 2nd lawyer will take care of the case ... no need to specify the reasons if the court does not asks. If the court asks, tell the truth briefly. its not a very serious issue. the court will allow your request easily.

sima 30 April 2015

Thank You EveryOne, For so much help my court date is on next month ; i will apply to court directly and also send notice by registered post Ad as Mr Ramachary said . IF god wish I will get the permission

Thanks & Regards
Sima Roy

Soman (Dy Manager) 01 May 2015

Changing advocate is one thing.

Think in the lines of Stanley's suggestion. If you could prove by documents that you were married at the age of 16, the marriage itself doesn't exist.

Talk to your advocate about this.

Adv k . mahesh (advocate) 01 May 2015

first write a letter with status of the case and why you want to terminate his services and send through Send through regd. ack to your advocate and to return the case file to you. you are terminating his services and he is no longer required to represent you in the court of law. File the copy of this letter along with regd. receipt in the court and ask the court permission to engage a new advocate and you get it. And if he does not return the file to you, your new lawyer can take copies from other party also.

And as per your query on what age your marriage was conducted as explained by you is 16 years which is not considered as valid marriage in the eye of law and divorce petition what date you have mentioned and what is your current age

Samir N (General Queries) (Business) 01 May 2015

"IF god wish I will get the permission..." Gods stay away from courts. They are afraid of advocates because Gods think that they are devil-in-disguise.

N R Dash.. (Advocate) 02 May 2015

Send a notice of removal through registered post to the advocate and in the next hearing appear before the court and file an application for removal of the lawyer enclosing the copy of notice and registration receipt and if you wish, you can hire a new lawyer and file fresh vakalatnama. Do ensure that the judge mentions about the new lawyer in his order.

T. Kalaiselvan, Advocate (Advocate) 04 May 2015

As suggested by learned friend Mr Ramachary, you may issue notice to the advocate under registered poand instruct him nost informing him that you no longer reuire his services and are terminating him not to represent you anymore and also to return the office copy of the case bundle ling with him, file a memo along with the copy of the letter before the court stating that you are engaging new advocate and may be permitted to be rrepresented by a new advocate.This will solve the issue without going back to the adament advocate.