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Neha (Software Engineer)     27 February 2020

125cpc - court denying on sending notice on professional add

"I suspect my lawyer's statement as he has charged us 20k out of 50k in the first month itself and it's the first hearing date today of 125cpc case."

 

My mother received a Divorce Petition from my father in Nov19, on which we filed a 125cpc case on 1st Jan 2020 and provided his home address which was given in the Divorce Notice. We also provided our lawyer with my father's company address, but he didn't add it in the notice initially saying that it needs to be added if notice is not served on his home address. Then, when the notice was not served on my father's home address, he added the company address in the petition.

But today, on our first hearing, he called us saying that Court has not sent the notice on the company's address since it cannot be sent on Professional Address. We also asked our lawyer to take a certified true copy of the notice that was not served, on which our lawyer said that since for today's date the order would come in one week, he will apply for a true copy after one week and it will take another week to receive that copy.

 

My Question:

1) Can the court(State: U.P.) say that the 125CPC Notice cannot be sent on a Professional Address?

2) Are orders for the hearing date to take a week's time to populate?

3) Does the certified true copy take one week to generate by the court?

 

If the above statements told by our lawyer are incorrect then what are our rights as a Client?

 



Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     27 February 2020

Dear querist,

If notice is not served on home address you can send notice on company address. Certified copy can be issued by court within 1 day on urgent basis and charges for the same are high as per procedure / rule. You can change advocate at any time as per your wish.

Regards,

G.L.N. Prasad (Retired employee.)     27 February 2020

Trust your advocate and you can not doubt every move as treatment of a client with some others may not be up to your expectations.  These delays are very common and normal and in litigation, you should have patience and nothing turns out in time or on a date.  Stepping into litigation is the most unfortunate thing in one's life and the suffering is on many counts and do not take everything personally and let things move in its own pace and trust a professional.

Real Soul.... (LEGAL)     27 February 2020

Well if you lost trust in your lawyer then ceratinly he is playing with you, these days very common in this profession. Just find some good lawyer as he has already charged your more that enough....find some good lawyer and get the notice served on any address company or home dosn' matter.It is better to serve him through his emlpoyer.

 

Adv Deepak Joshi +917017821512 (Advocate)     27 February 2020

you need to trust your advocate or change him

Neha (Software Engineer)     27 February 2020

Actually we trusted him initially thinking that we can handover the other related cases as well. But after filling this case, in January, within one month, when we had already given him 3k(consultation)+ 15k (online) +3k(cash) = 21 k, he was asking for more money on a call. At this time, only petition was filed from our end and no notice was served.

But now when we have paid him 20k what are my rights. No professional has any right to loot us.

Then what is the difference between these so-called educated professionals and a carpenter?

Adv Deepak Joshi +917017821512 (Advocate)     27 February 2020

Dear querist,

We do understand you grievances, it will be better you approach your advocate and amicably settle your fess matter with him, ask him to deduct fees for his services till date and refund rest of the amount.

Giving complain against him will add to your case and chances are less than something comes out of the case.

Put your energy on fighting cases not with your advocate.

If you cannot come to one point with your advocate better to change him.

 

Regards

Deepak Joshi

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