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(Guest)

Urgent/Change of lawyer in the mid of the DV case

Hi there,

I filed a Dv case againts my hubby and inlaws . Now,I have a problem with the lawyer which was given by the protection officer at the time when i filed  complaint at the women welfare office.She called up the opposite party and informed that i am filing the case against them and helped to prepare for the case and this made the guy leave India. when i asked for numbering in the court,she said the magistrate is on leave and  made me wait till the guy left to US and then she filed in the court. NOw my question is I want to change the lawyer as i am having several problems with her. She also called up them and informed them that i demanded 20 lakhs to withdraw the case and leave the guy. I asked her  to withdraw the case,but she is not leaving the case.

1)Please tell me how to change the lawyer as she is the GOVT appointed.What the best i can do in this case?

2)Now i contacted a private lawyer,she is interested in taking up the case and asked for NO Objection from my previous lawyer,but she is not willing to leave the case.

3)I am fighting for reconciliation and my existing lawyer is trying to separate both of us .What to do? Though therez DV,it is from my inlaws and my hubbys portion is less ,so i wanna join back,what can i do?

Please respond soon as my next hearing date is in next week.By weekend,i need to change the lawyer.

Thanks in advance.



 5 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     14 July 2010

Dear Author,

I wnat to talk to u as I have many queries to make clear from u before replying. U can call me at 9871158578 

Guest (Guest)     14 July 2010

Ms. Poorsoul 82,

Your problem is so simple.  You give a letter to the advocate appointed by the State saying that you do not need her services any more and in that letter you mention that you put such request several times in the past and even then she forcefully represented you and send it by registered post and on the next date of hearing, you move an application in the court withdrawing her as your advocate and seeking the permission to engage a fresh advocate at your own cost and your application will be allowed.  On the next to next date, your new advocate, without having obtained "no objection certificate" is entitled to appear for you.

Wish you best of luck.


(Guest)

Thank you so much Prabhakar Ji,i will let the magistrate know about this in the next hearing.

Guest (Guest)     14 July 2010

Ms. Poorsoul 82,

Just informing the magistrate is not enought.  You must send a letter to your present advocate by regd. post and also submit an application to the court on the next date seeking permission of change of advocate.  Then only your application will be allowed. 

WHATSAPP 91-8075113965 (advocate)     25 July 2010

hi,

it  is  very simple procedure. first you chose a new  lawyer and talk with him about this matter.

he will suggest you to get a " consent "/ " no objection " from the previous lawyer.thats all.

if you have any problem, he can assist you also.

here in kerala, the procedure widely adopted is to get the" vakalat" of your new lawyer and approach your old lawyer and get it endorced " no objection/ consensent given " on the back side of  new lawyer "s vakalth; and you can file the fresh vakalath.

salilkumar.p

advocate

thalassery-670101

9447536929

advocatesalil@gmail.com


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