Sample draft of a mutual divorce

Please see the format attached

Hello Sir,

I have also filled a Mutual Divorce Case on Jan 2011 this year. The  marriage was under special marriage act. The date given by the court is on Aug 2011. 

I have one question:

1. My lawyer is saying that we need to file one more petition now. I don't understand the point already we both have signature the divorce petition while filling.

WHat is this second petition required and why ?

2. Also I have one more question. I want to change my lawyer. My lawyer harasses me for money now and then and then threathen what we will not fight your case and behaves badly. How can I change my lawyer and is it good to change a lawyer.

1.Case is already posted to August for recording your evidence and hence there is no question of filing another petition.

2.If both of you are present on the above date the Advocate cannot stand in the way of your Joint OP for Divorce. After taking your evidence case will directly posted for Judgement.

3. If you want to engage another counsel ask him give up his Vakalath(But I think  there is no need for engaging another counsel for a single appearance)

Is that means for the second hearing .... if I go without taking my lawyer is that ok.

Also before filling the divorce my lawyer and her lawyer settled for some amount of money. I was helpless at that point because at that point they have filled a 125CrPC case against me. So i paid in cash the half money which is more than 1 lakh. 

Also in the divorce petition there is no mention of money. But they have mentioned.

As taken from the petition:

" States that for the period before or after the decree is passed neither parties will have any claim including alimony against the each other of any kind whatsoever arising from and in connection with or pertaining to this marriage"

The lawyer didn't agreed to the point of putting the money matter in the petition and it is sure they both are going to eat up. I accepted because my wife is from Kolkatta  and I am staying in Bangalore. so it will be difficult for me to come and go everytime for case. so i agreed and then she withdrawn the 125CrPC and filled the mutual divorce. 

I am not so rich and it is becomming difficult for me to pay the next half and also and my lawyer is harassing me to pay the money or else he tell he doesn't know ... and tells you handle your case .... and behaviour is rough.

What should I do in this situatuion ? 

Also I want to know what is this evidence case ? And if I don;t go in this hearing then what happens as stated above I am not able to arrage the money what is the alternative ? 

1.If she had withdrawn the 125 petition on condition of paying a total sum Rs two lakhs(?) and half of amount has already paid by you , then you have to pay the balance amount agreed by you. Otherwise she may not support the Joint OP for divorce and it will create complications.

2.As regards to your second query about evidence-It is only a formal recording of the contents in the Joint OP for divorce.Both of you will be put in the box repeat what is stated in the Joint OP thats all. 

Hello Sir,

Thanks for the reply. BUt I would like to get your opinion on this :

1. And if I don;t go in this hearing then what happens as stated above I am not able to arrage the money what is the alternative ? 

2. Also will this line in the petition  hold good for future that she can't claim any money from me from any form :

" States that for the period before or after the decree is passed neither parties will have any claim including alimony against the each other of any kind whatsoever arising from and in connection with or pertaining to this marriage"