Divorce case
Parshu Adraveni
(Querist) 22 February 2018
This query is : Resolved
Hi
I am from Telangana stays in mumbai.married 2 and half years back.
Now my wife want divorce so he had registered a false case 498a,3,4 of Ipc.
So we agreed to get divorced.i will give my wife divorce and she will cancell the 498a case on me so i have applied for divorce sec 131(1) ia.
Adovacat is common for divorce and the case filled by my wife.
Advocate has said within 3 to 4 months divorce will be done .
I came to mumbai
Adovacat has not informed me on any hearing.
When i checked online its shows that my petition is filled with some other advocate
And my first hearing was on January
I was not informed so i was absent
Petioner absent respondent is present.
2nd hearing was in feb 18 online its shows
Both petioner and respondent is absent
And presenting officer is on Od
Next hearing is on march
What Should i do
Is the adovacat is doing correctly
Pls reply and help me
Vijay Raj Mahajan
(Expert) 22 February 2018
Your advocate is making fool of you, he's a cheat.
For divorce by mutual consent by both parties joint petition u/s 13B Hindu Marriage Act is filed in the Family Court by both parties, praying the marriage be dissolved as both have agreed for it are unable to continue their marriage, they both are not living in any marital relationship for 1 year hence living separately.
The waiting period of 6 months is given before the court dissolve the marriage but in exceptional cases the cooling period of 6 months can be waived off by the court.
This the best way the divorce case where both parties agree should be done, if any advocate not doing in this manner then he's not capable to handle such cases.
Throw the advocate out and file fresh divorce by mutual consent petition through some senior and experienced advocate.
Kumar Doab
(Expert) 22 February 2018
Learn your lesson of life, litigation, courts, lawyers and more so for Legal matters from above advise...
Change said good for noting lawyer ASAP and engage a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record.........
Kumar Doab
(Expert) 22 February 2018
If marriage cannot be saved and wedlock has to be ended then end IT thru a very able and seasoned counsel................
Remember your souse may (can) backtrack during MCD proceedings and then may agitate even thereafter..............
hence your long term interest is to be considered and a very able counsel counsel as already suggested above cam mind IT and keep you properly informed as well....
Come out of legal mess ASAP and without scope for damage in future...
