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Harrressed Husband (Freelancer)     11 September 2016

Notice and divorce petition difference

I had sent a notice through advocate to my wife for Mutual Consent Divorce as the process goes before filing Divorce Petition. She resplied to it denying allegations on her and putting allegations on me. 

Now I have to file Divorce Petition but have to add few new paras/points I missed in notice sent earlier. Can that be done or not? Is it considered fake if I add new paras? 

That was what our advocate saidbut I thought to cross check it hence asking learned experts here

Thanks.



Learning

 8 Replies

Suri.Sravan Kumar (senior)     11 September 2016

follow the advice of your Advocate

Harrressed Husband (Freelancer)     11 September 2016

Thank you Sravan Sir. Those points are important ones. How will I put those in view of court then? 

Harrressed Husband (Freelancer)     12 September 2016

autohide4u thank you, very practicle response. i have another query i will post later today.

innocenthusband   12 September 2016

Originally posted by : Harrressed Husband
Now I have to file Divorce Petition but have to add few new paras/points I missed in notice sent earlier. Can that be done or not? Is it considered fake if I add new paras? 

 

No, you cannot draft another divorce petition with 'additional points'. Your lawyer should've made it very clear to you that you cannot modify a petition later. If he did not, you better be careful. There are cases where people have lost cases because they happened to forget to add crucial points and their lawyer, maybe being busy/incompetent did not include them. 

Harrressed Husband (Freelancer)     12 September 2016

What I am asking is the Petition having additional points from Notice. The Notice was just through advocate but Petition is formal court document yet to be applied in court. Our respected laywer is still preparing the Petition so wanted to add few points that were not covered in Notice.

Harrressed Husband (Freelancer)     12 September 2016

Actually the respected lawyer who prepared Notice was very busy so he framed Notice very poorly. Other esteemed lawyers please don't mind but he was kind of arrogant and adamant to listen to client's points. When I told him one or two things he said me to buy law books first, study them then tell me. He also said who is lawyer you or me. I got a feeling that this will not do and I decided to change. So the current lawyer sir is not much experienced in matrimonial matters but he listens and referes book and spared good amount of time for me.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 September 2016

Just dont worry about anything. The notice is merely a prerequiste to the petition and that too an obligatory one. It is not mandatory for you to send one, although the practise is being adopted these days and for good reason too. As such even if there are certain aspects whcih have been elft out in the notice, then can surel;y be made part of the petition. The petition is thre actual document which matters and the notice is not something which has any value more than a corroborative nature.

But make sure that there are no contradictions, because that could spoil your case. Otherwise additions wont harm you and you may add the necessary allegations as per the situation.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

1 Like

Harrressed Husband (Freelancer)     12 September 2016

Augustine Sir thank you very much. I've seen you always go beyond basic reply to make queriest understand what he has asked for. 

@autohide4u its not question of listening as an act. Overall if the lawyer is not attentive to client's points and doing the job just for sake of it then one can see the outcome. And, what I meant other lawyer being inexperienced is that not as much experienced as the earlier one but he was hardworking and spent a lot of time doing the home work over case. I agree he is not as seasoned particularly in matrimonial matters BUT I as a client or a person who requires his services is satisfied with his approach and dedication. And trust me with his approach towards case I am not bothered whether I win or lose. And yes regarding the suggestion about listning to wife, I have been always doing that only and wife doing the job of speaking, yelling, shouting, threatning, visiting to her parents every now and then, not doing any matrimionial responsibilities nor allowing me to do my parental duties, running to police station at the drop of hat all these 3 years. You can read my post history since 2.5 years. And yes for sure my wife is not the one who can understand that MCD aspect even if god comes on earth to make her understand these are her words not mine.

 

 


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