Divorce on mutual consent

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
Dear experts,
i & My wife jointly filed a divorce petition in family court with the help of local lawyer.Petion was enclosed with alimony agreement also.it is a year passed ,my lawyer doesn't say any status of the case.once he said that the memo was filed for tranfer of case to our region mobile court and after many days he was telling one identity proof to be attached with memo. i was fed up on this type of delay and i want to change my lawyer.wht steps can i take further to change the council.I paid full fee.Is this a genine delay wht he states.wht is time limit to transfer the case from family court to region local court.till date he says that the case is still in family court,My lawyer is not telling case no also.
pls help me out.

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Daksh (Expert) 19 October 2010
Dear Anonymous,
Put your lawyer to written notice seeking information from him in writing and after getting the information get the files inspected and engage new one. If your lawyer does not help you out file a complaint against him enclosing your notice to Bar Council of India and you have a right to proceed against such lawyer in consumer forum for deficiency of service.

Best Regards

Daksh

pawan sharma (Expert) 19 October 2010
you may chang your advocate as signe the vakalatnama in the favour of new Advocate.

Kirti Kar Tripathi (Expert) 19 October 2010
i agree with pawan

aman kumar (Expert) 19 October 2010
agree

M.Sheik Mohammed Ali (Expert) 19 October 2010
agree

Raj Kumar Makkad (Expert) 19 October 2010
I think your so-called counsel has not filed divorce petition as yet otherwise immediately on its filing, the statements of both petitioners (husband and wife) is recorded and case is adjourned for next hearing fixed after 6 months of initial statements and then after 6 months, again final statement is made and a mutual decree of divorce is passed by family court.

There is no issue of getting the case transferred as no regular hearings has to take place therein.

You change your counsel without any hitch and file consumer complaint against such black-sheep advocate seeking refund of your entire fee as well as heavy compensation.

adv. rajeev ( rajoo ) (Expert) 19 October 2010
take a no objection of your lawyer on the vakalat and entrust the case to another advocate. If your advocate is not ready to give no objection then issue notice to him terminating his vakalat.

Devajyoti Barman (Expert) 19 October 2010
Yes

Querist : Anonymous (Querist) 19 October 2010
Sir,
What form of action would be taken against this type of complaint by Bar council or by consumer court.

pawan sharma (Expert) 20 October 2010
you, may complaint to BAR, not to consumer forum bcz the governing authority is BAR Council.

s.subramanian (Expert) 20 October 2010
I agree.

Querist : Anonymous (Querist) 20 October 2010
Thanks to every expert for valuable suggestions.

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