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Jessica (Sales Professional)     29 November 2009

Procedure to change advocate

Hi Friends,

My judgement hearing date is on 9th Dec... I have already appointed a lawyer to seek divorce in Hyderabad. Suddenly my lawyer started playing tricks with me to prolong the case. Can I change my lawyer now? If yes, What is the procedure? Please guide me in providing authentic information.

Look forward to hear from you all soon.

Thanks in advance

J



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 17 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     29 November 2009

 

 

U can change the same. But u have to take NOC from present councel.

But if ur case is going to pronounce then it will not be wise to change the advocate, talk to him/her and the reason. May be things will be sort out.

Regards

adv.kamal.grover@gmail.com

adv. rajeev ( rajoo ) (practicing advocate)     29 November 2009

u can change the lawyer by taking no objection on the vakalat, if he denied issue notice of termination of vakalat.

tanmay (lawyer)     29 November 2009

what Mr kamal has suggested is good.. try to sort out with ur previous counsel... if things remain the same obtain his noc for chonging counsel...... if he refuses to do the same then file an application in the court for  his terminatio as ur pleader.... order 3 of c.p.c gives u the right to choose ur pleader....... but i m suure if u work out things will be solved.... futher if u have paid all his fees then i don';t thik he will object in the change of counsel....

                                                                                Tanmay.vashishtha.adv@gmail.com

niranjan (civil practice)     29 November 2009

Under O.3,rule 4 by the leave of court you can change the advocate.I agree withMr.tanmay 's answer .

Jessica (Sales Professional)     29 November 2009

The thing is he is becoming greedy of money.... though the respondent counsel is in favour ... this guy is torturing for money... I have already paid 20k ... the other party counsel has clearly said to go for exparty divorce... but this guy is creating unnecessary nuisance

The date is very near... what shall I do now?

 

Jessica (Sales Professional)     29 November 2009

The summons were also refused by that party.... and that guy is too timid to call anyone... my lawyer is creating all the circumstances to prolong the case ... he says that guy has called him and asked to delay the case by 10days as he is unable to come on dec 9th.... coz for mutual consent itself that guy dint speak to any of us.....and he dint even appoint the counsel...

In case he doesnt want to give NOC what shall I do?? coz every one in the court says that he is not a good guy....a litigation master... after appointing him I came to know this about him

S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     29 November 2009

I endorse Tanmay's views. I would like to add that in matrimonial proceedings, courts attach greater importance to participation and representation made by the parties themselves rather than that of counsel; you may submit to court a memorandum that you revoke the vakalatnama given to the counsel after issuing a notice to the advocate and proceed with the case on your own.

1 Like

snchandrasekarabharathi (senior manager (Law))     29 November 2009

on the date of hearing you yourself appear in the court and give evidence

Jessica (Sales Professional)     30 November 2009

Hi Friends,

I am so glad to receive all of ur responses and helping me to take wise decision.  I am thankful to Mr.Kamal, Mr.Rajeev, Ms.Tanmay, Mr.Niranjan, Mr.Bharat and Mr. Chandrasekar.....

I need one more clarification on my case....  The other party has refused to accept the summons when the ameen of the court went to his house. If the party doesnt attend the court on 9th of dec... do I get the decree on the same day itself? Or does the court gives some other date?

Once again I am glad to be a member of this forum. It has been so helpful in understanding the intricacies and guiding me in right path.

Regards

J

adv. rajeev ( rajoo ) (practicing advocate)     30 November 2009

When other party has denied to accept the summons, belief will sworn and endorse that refused to take summons,then court will pass an ex-parte order and give you time to lead his evidence.  On the same day youwont get decree

Jessica (Sales Professional)     30 November 2009

If so , then how many days I have to wait to get my divorce decree? The reason is that I was told that I will get the decree the same day...

tanmay (lawyer)     30 November 2009

jessica i would like u to clarify one thng.. that whether the divorce petition moved by u is under section 13(b) of hindu marriage act i.e by mutual consent.. coz if that's the matter then u can't get a decree of divorce in absence of ur husband... in case of decree by mutual consent court cannot grant an ex-parte decree....... so plz clarify the position....

Jessica (Sales Professional)     30 November 2009

Hi Tanmay,

First  I have gone for mutual consent... he along with his counsel has signed the same and  also accepted to come to court in Hyderabad... but he didnt... so I filed cruelty and desertion petition in hyderabad family court as its been 1 1/2yrs he betrayed me and left in chennai... So his counsel said that he is not willing to come to hyderabad... and when we served the summons through court he refused to accept..... Hope I made my case more clearer now.

Regards

J

tanmay (lawyer)     01 December 2009

now things r clear... now if u have filed this case for divorce with cruelity as ground then u can get an ex-parte divorce decree.. but first ur counsel has to press in court for order of sufficient service... and if court has already done that. then now u only have to file ex-parte evidence i.e. ur affidavit / examination-in- chief in court and press for arguments and order..... in case u want to remarry after decree of divrce then wait fr perid of 90 days after decree.... 


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