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Saroj Kumar (Student)     13 July 2014

Need uregnt help on my divorce case

Dear all,

  Section-1:

After 2 year separation, when everything failed to join my wife with me, I finally filed for Divorce at my home town..

  After that my wife's lawyer filed a transfer petition at high court to transfer the case to her home town.

But thing is that case was filed at High court before 8 month, but till now there is no any sign for my date at highcourt..Now when I am trying to reach my lawer, he is not pickup my phone.

Points:

1. I suspect my lawyer is not giving importance or tilted to other party?

2. Is there any provision, that can I directly request to high court to inquiry the status of my case?

3. One more important thing is that, in between I tried to talk to wife's family, but they don't want to go for MCD, and they clearly told that they want justice through court.

Section-2:

In between, one point my lawyer mentioned contradict (unnecessary) statement. I want to amendment it, and for that I requested to him to give an amendment to court, but he don't want to hear any thing. Rather told that, why you interfering me in between? But my wife's side become very strong on that point.

1. For that can I directly approach to court for amendment?

Or after my case dispose  at highcourt and continue proceeding at lower court, if any situation arises than can I make amendment for that point  at lower court (although that point raised at high court)


 



Learning

 6 Replies


(Guest)

You have not explained the case properly with the facts and grounds for divorce and whole story. Anyways i am guessing that you are mad about the lawyer who is representing you in the High Court in transfer petition for not getting the case listed. Well to answer that the courts sometimes are so backed up with pending work that it take years before you actually get next date. If you are suspecting of your lawyer have sold you out then you have option to engage another lawyer but results won't be much different from what i am seeing. Regarding transfer of case from your home town to her home town will be ordered because court mostly take wife side regarding this but you can counter it by accepting for her travel and lodging charges for every date in lower court for the reason you have filed for divorce. 

As a matter of fact you do not need any lawyer to argue for your own case . Indian legal system has this privileged for clients but i would not advise you for that.  

1 Like

Rangee (Lawyer)     13 July 2014

I agree with Mr. Deepak Sexena,  in the advise given to you.Please don,t get confused in the court matters. If you suspect deficiency in service of your lawyer you may withdraw him from your case. Study well the papers before you discuss the matter. In the matter of divorce judge will grant you a personal hearing in chamber in the presence of your wife. The help of of lawyer is not need much. if your wife does not divorce it will be difficult for you to get divorce. 

Rsksingh

1 Like

Saroj Kumar (Student)     13 July 2014

Dear Deepak and Rangee,

Thank you for your kind suggestion..

1. So can I pray to Lower court (where I filed case), to contunue the case where I will pay her advocate fee, transport fee etc?

 

2. In another as case already at highcourt and need a minor amendment (where by advocate is not agree to do that, but my wife are arguing very strongly based on that point)..Can I do that myself with out advocate?

 

 

  


(Guest)

1. Since the transfer petition is pending in High Court, the lower court will not proceed until order is done in high court transfer petition. If the case is going to stay in ur hometown then you only probably have to pay for ur wife transport and lodging, not her advoacate as such but epends from court to court.

 

2. Amendments can be done by filing supplementary . It can be done by a lawyer only. Like i said   if u r not happy with your lawyer, you can change at any time and get another. You can argue your case in front of court (not advisable to you) but for filing the supplementary, you will need a lawyer

T. Kalaiselvan, Advocate (Advocate)     13 July 2014

@Raghav: You have filed a divorce case and she has filed a transfer petition before the high court to get the case transferred to their home town whereas the same is pending for more than 6 months without any action on it.  You must note that yours is not the only case before the high court, the case getting delayed may before many reason, may be because her advocate is not attending the court properly for moving the case forward, may by your advocate is seeking time for enquiry,may the court is over burdened hence it is getting delayed,so you have to wait for the court's decision.  Further, if you suspect your lawyer for his integrity you are always at your liberty to change the lawyer immediately.  I my opinion, you should change your lawyer immediately.  As fare as the amendment is concerned, you can make it any time during trial, file an application before the cour tfor doing so with proper reasons to amend the plaint.


Prakash Nair (Advocate)     17 July 2014

Mr. Kalaselvan is right. If you are not happy with your engaged lawyer, you are at liberty to change him. But in case you want to contest the case on your own, the vakalat given on the lawyer should be withdrawn and he should disown his vakalat in this particular case.


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