Reg divorce and
Sarathy
(Querist) 27 January 2019
This query is : Resolved
Hi Sir,
I have applied for divorce. My lawyer asked fixed amount to finish the case. I accepted and paid 90% till now. Suddenly he is asking for more money.
I am unable to pay as my financial situation is not good. I need to appear in the court for giving " my statement" next month as my wife didnt appear in the court.
I am asking my lawyer to give the document to me and planning to arrange another layer. But he is saying all the reason in the world.
I am planning to appear in the the court on the next hearing. I am also planning to complain about my lawyer in the court for not giving the documents to me as he is asking more money.
If my lawyer doesnt appear in the court , is there any issue for me giving statements in the court(case status is "Ex-Parte Evidence")
Pleas give me some suggestion on this how to proceed further. I am struggling with out proper job and financially become weak.
For Any help on this , i would be thankful.
Vijay Raj Mahajan
(Expert) 28 January 2019
Apply for certified copies from the court, the pleading/petition of divorce and various court orders etc.namely complete case file of your case in this manner even if your lawyer not giving you the case file, you'll have one in your hand.
After that you can proceed in person for your case, give affidavit as for your ex-parte evidence and argue the case yourself.
The family court will pass order and you'll have ex-parte divorce decree.
P. Venu
(Expert) 28 January 2019
Yes, you can appear party-in-person or engage another advocate with the permission of the court.
SHIRISH PAWAR, 7738990900
(Expert) 28 January 2019
Your whole documents will be in the court only. So you can appoint fresh advocate to conduct your case.
Kumar Doab
(Expert) 28 January 2019
Examine court file and obtain authenticated copies from court.
Hope you have the irrefutable evidences/written record of decided FEE and 90% payment and demand of extra fee by your lawyer.
You can conduct your case if you are properly informed.
Or approach another very able LOCAL counsel ASAP.
The very able another LOCAL counsel would handle the whole matter
Kumar Doab
(Expert) 28 January 2019
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Some of such entities remain glued to their computers and post in any thread including thread initiated by you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists.
Such entities post abuse if anyone good LCI Experet post details/links/citations for the benefit of querists/readers. Such entities may paste picture of aged/old/sick looking individuals.
Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Family,Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
If you are confident that you are well versed with provisions of applicable rules/laws and procedures and can handle the matter on your own, go ahead.
Kumar Doab
(Expert) 28 January 2019
In the meantime you may also go thru and pick up relevant points;
Go thru; CPC; ORDER III : RECOGNIZED AGENTS AND PLEADERS
THE CONSTITUTION OF INDIA; Art 22
Central Government Act
Section 303 in The Code Of Criminal Procedure, 1973
303. Right of person against whom proceedings are instituted to be defended.
HC Rules
The new LOCAL counsel that you have carefully chosen can help and guide you further and may opine to ask for NOC from current Advocate and to return the case file and/or issue notice of termination and apply to court for withdrawal of Vakalathnama/change of advocate with leave of court.
Supreme Court of India
R.D. Saxena vs Balram Prasad Sharma on 22 August, 2000
Author: Thomas
Bench: K.T. Thomas
Martin S.
(Expert) 29 January 2019
It is always good that you not pay any advocate fees in one go. Not all are Ram Jhetmalani. Always pay in installments as work in progress. It appears that you have been taken for a ride and paying 90% fees to advocate does not guarantee winning case. Once a case if filed irrespective of whether advocate or you appear, the case will be over some day on its own. If you want to ensure winning of case, better to hire good advocate.
If you want to handle your own case I can help you free of cost.
Dr J C Vashista
(Expert) 29 January 2019
Whatever you have paid, just forget about it.
Appear as party-in-person if you feel you are competent to proceed, otherwise request the Court for an advocate through local Legal Services Authority.
File a complaint of misconduct in the Bar Council against your lawyer. You may also file consumer complaint.
Guest
(Expert) 29 January 2019
As far as Family Courts are concerned appearance of Advocates not mandatory.
Guest
(Expert) 29 January 2019
Mr.Dr. J.C. Vashisdta Could you please confirm on what grounds the Author could file a Complaint against our brother Advocate in this issue please.
Sarathy
(Querist) 13 February 2019
Hi sir,
Thanks for your guidance and advice.
I have hearing tomorrow (EXParte evidence) . I will appear and record my statements.
Meanwhile my lawyer is not responding to my msg or call. Only his junior lawyer (doing kind of broker work) sending message at regular interval asking for more Money. H sends messages like “if i don’t pay more money, the case may get delayed , documents need to be submitted etc…” he is using all tactics to extract money from me by taking advantage of my situation. They clearly understood that since i am struggling to get out of my marriage, i will pay whatever they ask. So forcing me for more money.
Now My questions are:
Shall I message my layer saying that I will appear in the court tomorrow? Or not required?
If he doesn’t change his mind and not ready to appear in the court tomorrow on my case , I am planning to request court for an advocate as per your suggestion saying the reason for changing lawyer.
Please advise me sir and show me the correct direction what I need to do tomorrow.
Thank you sir.
Sarathy
(Querist) 14 February 2019
Pz answer sir
Sarathy
(Querist) 14 February 2019
Hi Sir,
I met lawyer in the court and he shouted at me like “don’t come to the court if you don’t give the money whatever I ask and rudely behaved". I asked the case file. He was not ready to give and told me to complain anywhere i want. Today, he didn’t appear in the court for my case. But i appeared in the court. I told judge my lawyer is not ready appear and demanding money. I asked for help.
Bu the Judge didn’t say anything about help. She told me that next hearing is 21st march.
I consulted many lawyers at the court. Everybody have their money. My lawyer looks like a rowdy lawyer. Many are reluctant. Only Few were ready to help me.
One lawyer told me to get the Xerox copies of the case details (case bundle) from the court attender and give it to him. He will prepare the affidavit and give it to me so that I can submit the affidavit on my own without any lawyer. Even this lawyer is reluctant to appear but ready to help me in this way.
Few layers advised me to talk my lawyer. But I don’t think may lawyer will change his mind.
So please guide me how to proceed further.
Sudhir Kumar, Advocate
(Expert) 28 October 2019
Not understood how they will help
"elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc"
