Divorce & maintenance
Ria
(Querist) 29 April 2009
This query is : Resolved
Mine is marriage petition pending in the court since 5 years, for 4 yrs and 3 months my husband was paying me maintenance now since my lawyer has resigned from her law firm she is not appearing for the case, my husband has stopped paying maintenance since then that is 9 months, the case has now been transferred to the fast track court, and my husband & his lawyer has not been appearing since the 3 hearings and when our current lawyer called my husbands lawyer they pleaded ignorance of the matter being transferred to fast track court, even the judge has decided to give my husbands lawyer a notice intimating the transfer of the case to fast track though a notice was put up about the transfer in the previous court, my lawyer also seems not argue properly, even my husbands lawyer has not conducted my cross examination since the last 3 years. Please advice Iam really suffering a lot .
Ria
(Querist) 29 April 2009
Well Iam not financially sound,
1. what steps should I take if I appear as party in person,
2. Is an NOC required from the current lawyer ?
3. What if the lawyer does not give NOC and asks for more money than agreed for giving NOC ?
Note: I paid full lawyers fee in advance, as the lawyer is from a reputed firm.
Ria
(Querist) 29 April 2009
Ria
(Querist) 29 April 2009
Dear experts,
I would request you to please answer my query as early as possible as because the case will come up for hearing tommorrow
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 April 2009
U can talk to me directly. My no. is 09871158578/09711364956
Delhi High Court
adv. rajeev ( rajoo )
(Expert) 29 April 2009
U have to change ur lawyer, if he is notready to give NOC then u issue a notice to an advocate and appoint another advocate.
Jaswant Singh
(Expert) 29 April 2009
It is most unfortunate that your cross examination could not be conducted for last 3 year. You must ask the judge to proceed ex-parte against the husband in case you filed the divorce petition.
You can approach the Delhi Legal Aid Committee for a laywer.
In case you case is pending in Tis Hazari Court, you may discuss the matter without any fees with me at my office.
J.S.Rawat, Advocate
9810350712
576/A/FF/WW
Tis Hazari COurt
Delhi
Shyam Ji Srivastava
(Expert) 29 April 2009
Dear Ria,
Don`t worry. You can argue your case without any assistance of any Advocate. However you can collect information from this channel.For family cases there is no need of Advocate. So take it easy. I think you are brave. keep patience and fight. God will help you.
with best wishes
Shyam Ji Srivastava
Senior Advocate
Kanpur
09839028040
Y V Vishweshwar Rao
(Expert) 30 April 2009
Dear Ria
In the matters like maintenance and family cases the cases are expected to be disposed as early as possible , but the cases are pending for various reasons .
Your case appears to be in Delhi
You can approach Mr ( J S Rawat ) Jaswanth Singh Advocate Or
Rakhi Budiraja Advocate at Delhi
who can help you in the court
MANISH
(Expert) 30 April 2009
Dear Ms. Ria,
You may proceed the matter yourself. Or if desired you may engage another lawyer. An NOC may be required from your previous lawyer, but as per the terms of the Vakalatnama, your agreement with the lawyer is binding only for three years. Further you have paid fees in advance. Still if any query, or any requirement, You can contact me also directly in Delhi High Court,
M - 9891115558.
MANISH
(Expert) 30 April 2009
Dear Ms. Ria,
You may proceed the matter yourself. Or if desired you may engage another lawyer. An NOC may be required from your previous lawyer, but as per the terms of the Vakalatnama, your agreement with the lawyer is binding only for three years. Further you have paid fees in advance. Still if any query, or any requirement, You can contact me also directly in Delhi High Court,
M - 9891115558.
Ria
(Querist) 01 May 2009
Respected experts,
Thank you very very much for the valuable advice you have given a helpless person like me...
I have another query, that is, Is it necessary for the judge to give notice to the respondant or his lawyer about the transfer of case from the previous court to the Fast Track court, when the same had been put up in a conspicious part of the previous court. My husband & his lawyer did not turn up for 3 consecutive hearings citing ignorance of the notice of transfer of the case. Please advice if in this circumstances I can ask for an ex-parte since Iam the petitioner.
sanjeev murthy desai
(Expert) 01 May 2009
Dear Ria,
Hon'ble Fast Track Court should be served the notice (thorugh police)to the respondent or his council otherwise Hon'ble court does not pass any order like ex-parte...
sanjeev desai
n.k.sarin
(Expert) 01 May 2009
Mr. desai is right.
Ria
(Querist) 09 May 2009
Respected Experts,
Iwould like to know who appoints the judges of fast track court at the district level.
Also during my previous hearing since my lawyers from a very reputed women's NGO failed to file a vakalatnama since the last 4 hearings even after paying their requisite fees in advance and take necesary steps to take the case forward even after having many evidences in my favour, I myself moved an apllication seeking grant of ex-part due to failure of conducting cross examination for 3 years by the repondant.
The judge has signed the ex -parte application stating "Other side to say". Since my lawyers did not file the Vakalatnama can I inform them by phone that they need not appear for the case hence forth and proceed with my case as party in person.
sanjeev murthy desai
(Expert) 16 May 2009
Dear Ria,
Fast Track Court Judges should be appointed by High Court.
SANJAY DIXIT
(Expert) 27 May 2009
Dear Ria do as suggested by ld. experts.
