Dowry & mutual divorce consent - 498/a
Sai
(Querist) 25 June 2012
This query is : Resolved
Hi:
I have filed for my dowry cum mutual divorce case in the court thru a well known lawyer after paying a huge amount of fees as demanded by them and now after all this processing my lawyer started demanding more fees from me and is warning me that if i fail to pay the demanded amount,they will ensure to delay my dowry case and neither submit the relevant affidavit/documents in the civil court. I herby attach the documents of the MOM deed format which was shared by my lawyer to me.
NOTE : I have removed the details for safety reasons. please advise.... Need your urgent help!! thanks in advance.
ajay sethi
(Expert) 25 June 2012
the fees should have been agreed in advance . your lawyer must have charged you for draftying and filing . at time of court appearance your lawyer must have raised another bill for court hearings
Sai
(Querist) 25 June 2012
SIR,
We have paid the amount based on the agreements and (X) informed me that the fees includes entire documentation and court hearings , but situations have changed completely as (X) is the lawyer for both the parties.
ajay sethi
(Expert) 25 June 2012
you have documentary evidence wherein lawyer agreed for entore case . if you have evidence complain to bar council against lawyer
Sai
(Querist) 25 June 2012
Sir,
(X) has not given any document / receipt to us. If so, i would have taught for an alternative to file a complaint against the lawyer looking on the current aspects. (X)has warned us that if we dont repay the demanded amount they will give a NOC and also close all my ways to get the divorce even if i go ahead and approach another lawyer and apply it from other jurisdictions..we r badly in need of urgent help. THE lawyer is having a very strong political background and is trying to enforce it on us in every way possible. please guide
Sai
(Querist) 25 June 2012
Sorry to bother u sir, we are scared to pay the amount as there are still chances for the lawyer to demand us for more and money in future till the entire case of dowry and divorce cases are closed
ajay sethi
(Expert) 25 June 2012
no lawyer can black mail you . refuse to bow down and engage another lawyer
Guest
(Expert) 26 June 2012
If you have any documentary evidence wherein your lawyer has agreed to charge the fees for the entire case from drafting till the culmination of the court hearing, go ahead and file a complaint with the State Bar Council. In the absence of any such document, the only viable option I see for you is to engage another lawyer. The lawyer cannot escape his duty irrespective of his seniority or political clout. No lawyer can close the doors to your legal rights and thereby hold the judicial system to ransom.
K.K.Ganguly
(Expert) 27 June 2012
If there a trust deficit with your lawyer & he is already agreeable to give you a NOC then my suggession will be to take the NOC & engage a lawyer afresh for your case. The case will conbtinue from the point the ealier lawyer has done.
