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kumar (private employee)     29 May 2009

Role of Lawyer

hi

this is kumar

already some of forum lawyers know me if you read my previous topics..

now currently my question is how much role played by a lawyer in family court..

my wife filed divorce on me..next month first week i suppose to attend before judge...before that already myself and wife  become settlement..and she recevd first 50% payment also..

Now situation is we didn;t apply for mutual consent..she filed case on me for divorce..

how much role played by lawyer..

 



Learning

 10 Replies

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     29 May 2009

Really cant catch whats your query.

Binod Kumar Mishra (Government Service)     29 May 2009

Dear Mr. Kumar,

 

on what basis you both have shared and your wife have received 50% of amount. from which account you have given this to your wife. what you mean to say that you have mutually agreed that you will give 50% of amount to your wife as interim maintenance.

 

as far as role of lawyer is concern, if you had not arrived any mutual consent, then your point, argument and submission will be argued by your advocate before the proper family court. you require a lawyer there.

 

another things please go through the divorce petition of your wife, on what ground she want divorce from you.

kumar (private employee)     29 May 2009

hi

I got married 16 Months back..due to diffrences..she left home and didn;t respond for 6months..i send notice to her...then she filed 498A against me..POLICE  CI intervened at  Women Protection Cell [ WPC]  and made a settlement of SUM AMOUNT..both parties settlement and aggreed to pay initial SUM AMOUNT..both parties signed on MOA..but before 498 she filed divorce case against me..i suppose to go on court next month first week..but my lawer...

-- She Signed on MOA

-- SHe taken her clothes from  my home and signed that she received all belongings of her

- she signed on MOA and taken cheuque inital amount for Permenant Anamoly

Now my question is..in family court..what of role of my laywer..

-- He alrady file case of Divroce...then what is my role..now..

 

Binod Kumar Mishra (Government Service)     29 May 2009

dear kumar,

still you have not cleared the things. what WPC has settled between you and your wife. who have ordered for permanent alimony. if she signs the MOA then it is better you both go for mutual consent divorce.

in family court, your lawyer will bring this to the notice of principal judge and then you both put an consent letter for consented divorce between you both.

kumar (private employee)     29 May 2009

Mr.Mishra! She case file 498 on women protection cell ...she told that she spend 50000 on this case may be she might given to police...but her main objective to take money from myside and divroce also..she filed divorce case on me...in WPC ..CI..person who is incharge of this case..he made settle..and yes she signed on MOA and she acceptence of Mutual consent..next month first week i have to go family court..what kind of questions can i expect...she filed case so can i also apply petition for mutual consent..wht you advice...

Binod Kumar Mishra (Government Service)     29 May 2009

Dear Kumar,

i will definately help you, but for that i need a copy of your MOA and the divorce petition of your wife. if you have had both the things then send it on my emial nbinod1973@indiatimes.com   and after that i will give you a correct picture of what to do.

anyway in this forum there are a lot of intelligent lawyer. you may sent the same to me and i will advise you immediately.

Binod Kumar Mishra (Government Service)     29 May 2009

dear kumar,

 

the way you are writing it gives a clear picture that your wife is extorting money from you by this way or that. so please be careful otherwise it will take a very little time and you will feel that you are empty.

kumar (private employee)     29 May 2009

So Mr.Mishra,

Even She Signed on MOA..and She taken Her Clothes From my home yesterday and she signed that Her Belongings are Completed Taken By Her.. Acceptance of Permenant Anamoly

SHe Filed Divorce Case..

So Even though Does She have Opportunity to take Advnatage and Mislead the law..

I got only notice from court but i i didnt; get any petition...

Swami Sadashiva Brahmendra Sar (Nil)     29 May 2009

a lawyer can not plead or a party can not engage a lawyer before family court as of right.

Binod Kumar Mishra (Government Service)     29 May 2009

Dear Kumar,

she signed the MOA is fine. but note one things that if she has taken the her belongings it is not a permanent alimony. if it is so easy then why we will discussing the said things. she will not accept the same in court that she has taken her belongings. anyway what her belongings at your house except some jewellery and cloths.

there is a full proof chance that she will misuse you. she has advantage to mislead you and the law also.

can you tell me that under which section your wife has filled the divorce case.


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