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Karishma (-)     27 May 2014

Procedure after filing for divorce

PLease help me!

After a lot of arguments, my ex-husband and i finally went in for mutual consent divorce. I paid my lawyer his fee and some extra money as well. My lawyer had said within 1 month of filing for divorce the decree would come to me by post, but it has been 3 months and there is no sign of the decree. Every time i try to ask my lawyer for it he keeps saying he will send it to me, its stuck with court and its not reached him yet. 

Suddenly my lawyer is demanding more money when i refused to pay him anymore, (i have already paid him alot) he suddenly said my in-laws are doing dharna and want the full and final settlement money back.

in front of the judge we had clearly said while signing the divorce papers that post this we will not meddle in each others life and don't owe each other anything.

My question is, can i take some action against my lawyer and is it possible for my ex in-laws to demand back the alimony money?



Learning

 4 Replies

Adv. Chandrasekhar (Advocate)     27 May 2014

First, you understand that mutual consent decree will not come within 1 month or within 3 months, as misstated by your wily advocate.  It appears that the first motion has been recorded and you received certain amount.  If that is so, the second motion will be only six months after the date of first motion.  After second motion will be recorded, within a week from that date, you will get divorce decree, by filing application in the court office (called registry).  Now you find out the first motion date.  After five months from that date, you directly contact your husband and ask him that when he will be ready to move second motion.  Once date is fixed, on that date both can move second motion application and record the statement.  Without advocate's help also, with a little bit deftness, you can do it yourself.  Otherwise, contact some other advocate, so that he will contact your inlaws and get the second motion recorded.  You need not return the alimony amount you received nor you need to pay any more to your present advocate.

Samir N (General Queries) (Business)     27 May 2014

File a complaint with the Bar Council against your advocate. State all the facts. It is very easy to file one. Contact the Bar Council office in your state and ask them for a form. Change your advocate too. Also, demand all monies paid to him so far. Tell him that you are very serious about this disciplinary complaint and that you will appeal to Delhi (which you can do if the local Bar Council do not take any action against him).  


As for mutual consent divorce or whatever was agreed, what is important is what was in writing with the signatures of the two of you and not what was said. Unfortunately, in Indian Courts there are no audio recordings of words spoken.  Unless one of you have failed to abide by the written terms and conditions, what was agreed upon in writing before the Judge and accepted by the Judge is enforceable. There is no provision in the law for changing one's mind after an agreement is reached, signed and approved by the Court. But then, if it was approved by the Court, why is the Court not issuing the Order/Judgement/Decree? There appears to be something missing in your descripttion of facts. Also, in-laws cannot ask for alimony back just as in-laws do not pay alimony money.  I hope that you did not accept checks from in-laws' accounts towards your alimony settlement. 

good day (n.a.)     28 May 2014

easy to complain but not that easy to prove.
learned sr. if gives some guidance wht type of proof will b required when experienced lawyer definitely deny it.

Samir N (General Queries) (Business)     29 May 2014

@good day. Very good observation/question. In matters of dealing with advocates vis-a-vis Bar Councils, a threat is better than an attack. The complainant should inform the advocate that if he does not deliver, as promised by him, she will approach the Bar Council. Most advocates are concerned about complaints filed with the Bar Council. This does not mean that I am encouraging everyone to file complaints against their advocates. At the same time, disciplinary proceedings should be initiated where the advocate has strayed from the rules and has caused distress to his client, as is the case here.


Additionally, the mere filing of a complaint will require the advocate to file a response providing a lot of explanation in writing which he would otherwise not provide to the client or provide false information.


SUMMARY: Inform the advocate of your intent to initiate a disciplinary proceeding if he does not deliver services, as promised, for the monies already paid. If he tries to act smart or says that he does not care for such complaints, then do file the complaint and follow through.


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