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Saptarishi Chatterjee   29 September 2015

Unnecessary delay in normal divorce

Dear Sir,

I got separated from my ex wife 2 years back in 2013 and applied for the divorce under section 13B way back in February 2014, but he has been harassing me since then. Its been 7 months now that he has not yet filed the case/suit or kept me in the dark. His name is Swarnankur Dutt and he stays at Sodepur (HB Town), West Bengal. At regular intervals during this period he wasted time by saying "I need your picture, 'I need your previous marriage registry certificate','you have signed at the wrong place in the wakalatnama', 'the court is closed due to vacation'. I stay 280kms away from Kolkata at Dhanbad , as I work there. So I visit Kolkata twice a month. But whenever I visit he says i am busy and assures me that he will get any necessary formality done by postal correspondance. He is so careless and lazy and unprofessional that he didnt even tell me for resubmission of the photo (until the last time)and the certificate after he lost the previous ones. In the middle for almost a month he didnt receive my call so I gave him an ultimatum that 'Its been 4 months nowthat he had not been able to file the suit and get me the first date, so if he can not do it in another 2 days off receiving all possible documents(that he kep telling me one after another and wasting time) then ha should pay the advanec that I have paid in May , and leave the case.He promised but since then he said 'I am outside kolkata  and busy and not responding since last 3 weaks. So i want to hire a new lawyer , drop him and teach him a lesson for harassment and wasting time. How is this possible? He has not given any valid confirmation even whether he has filed the case or not.. I am totally perplexed and frustrated. I have all the records of telephonic conversation with him and the recipt of the money paid online to his account. My experience with lawyer has become so poor that now I dont know how to trust another lawyer. And also can I get the divorce without a lawyer? Please Help. Thanks in advance

Saptarishi Chatterjee

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 10 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Have U ascertained the reasons why he is behaving in that manner?Don't drag the entire lawyer community.Yes U can argue UR case without a lawyer and with the permission of the court.

Saptarishi Chatterjee   30 September 2015

He is not telling anything, he says he is busy, so he forgets easily. I am not defaming any community. Rather thus type of lawyers are dark spots for the entire profession. And can you tell me under what condition a case is turned 'null and void '. And yes what can a normal man di in this circumstance, how to complain against him so that he either leaves the case or get back to his senses, or do you think a normal person will just keep silent and face the music. And if I need to fight alone what is the process in brief? Kindly help. I am perplexed. All efforts to solve my problem are highly appreciated.

prabhakar advocate (advocate)     30 September 2015

Engage a fresh advocate and give him all the documents.  He will file a case and as the case is under Section 13-B, the case will come up within one week.  There is no test to find out who is the honest advocate and who is not.  Talk to one and find out yourself by analysing.

Saptarishi Chatterjee   30 September 2015

Thanks a lot for your reply. But this is a simple case. So is it possible to find out a lawyer who can solve this at minimal expenses (around 4/5k) because I have already spent some money in it without any return. So if I don't get a lawyer can I fight my case alone (without a lawyer), if so then what is the process? And again I am asking how to protest against this harassment by my lawyer

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 September 2015

Mr Saptrishi Yes you can get a good advocate for solving your problem; in fact all advocates are not of this kind it was  a bad luck to you that you met out of thousands one black sheep.

Please contact me on 09582144748 Delhi number I can guide you to al local good advocate.

Sarmmarmbb (goi)     30 September 2015

immediately change your lawyer........else u will be in great trouble.

divorce can be achieved within two years period.......is Worth

Sarmmarmbb (goi)     30 September 2015

nver ever make a mistake of handinv over the originals of your documents to anybody including ur own counsel.......show the xerox at first always.  Even after filing in the court the originals, same time file for their certified copy....it takes only few minutes and a form to be filled up by you or on your behalf by your lawyer........Remember, mostly lawyers never do this but it will in your interest.

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Rightly analysed and suggested by Adv Bali. It is easy to change a lawyer than changing a wife.

Saptarishi Chatterjee   30 September 2015

I stay in Kolkata. Mr. Bali, how will I be benefitted from Delhi based lawyers. Please (others also), if possible my queries. I asked two questions. As I have drained quite some money already into this, I need somebody to do this economically and professionally (without unnecessary delay), I am searching, but in case of I need to fight my case alone then what is the process, kindly tell. And secondly I want to protest and take action against my lawyer for harassment and irresponsibility (not receiving my cask, not telling me any whereabouts, not refunding money), please help of possible.

Saptarishi Chatterjee   30 September 2015

I stay in Kolkata. Mr. Bali, how will I be benefitted from Delhi based lawyers. Please (others also), if possible my queries. I asked two questions. As I have drained quite some money already into this, I need somebody to do this economically and professionally (without unnecessary delay), I am searching, but in case of I need to fight my case alone then what is the process, kindly tell. And secondly I want to protest and take action against my lawyer for harassment and irresponsibility (not receiving my cask, not telling me any whereabouts, not refunding money), please help of possible.

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