Strange partner, turning out to be a divorce case!

what case did you file in court was it a RCR?

RCR OR DIVORCE.

your lawyers is basteed, how can you get " free from this relationship" with serve notice to her, , how can he told you to file divorce in MAR 2012,, what case you filed, which notice is not reached to your wife, since you are NRI,, you lawyers must making fool of you, he is not telling true things... i guess he hands with your wife side.

Dear Client,

until unless without scanning ur court file it is difficult to say/ comment any thing in this matter, as confusing point is weather u filed "Divorce case" or "RCR" case.... further, it is suggested to call me/ mail me the entire matter asap to proceed further.

feel free to contact me.

Manoj Kumar,
Advocate,
Delhi.
Ph: 0931 044 3650

advocates.agra@gmail.com

Your lawyer is right if u get ex-parte in RCR then u have to wait another one year and then file divorce.

from ur post, seems that u have filed RCR, not divorce.

Dear All,

Thank you very for your responses. I filed RCR not divorce. After my last appearance in court in Sep 2011, my lawyer told me that if my wife does not respond within a month time (i.e. Oct- Nov 2011), we will file for divorce.

My problem is: he is not picking my calls, even if he picks it he gives me another time to call, then the same thing repeats. I know he is a busy man but i am feeling bad for not getting clarity from him about this case. He told me to contact me tomorrow night. So I have to try my chance to speak to him.

When my friend approached him to know the status, he was told that divorce will be filed in this month (Jan 2012). When my brother contacted him, he was told divorce will be filed in Mar 2012. So far we were told 3 different dates.

Hence I have approached this forum seeking help & advice.

Waiting for your valuable responses.

Thank you very much

Gagan

I filed RCR

@ Author

Seems there are some big communication gap between your side and your hired lawyer.


1. First seek clarity and finality from your lawyer if he is interested in handling your case and has time to answer your rightful questions. If he says YES then ask him to answer all your doubts. If he says NO then change him by giving him a written notice and hire another lawyer after due diligence and direct this new appointed lawyer to file his vakalatnama in same court where present case pending. Remember you are consumer of court as well as a client to a Lawyer and as being both it is your legal right to seek remedy when you want and as you want especially from a lawyer. Also forget the fees that you met to previous Lawyer and take it is a learnign lesson of a layman.

2. If you have filed RCR then as per last order (verbal / written) of concerned Court the court has given ‘last opportunity’ to respondent to appear before said Court and then shall the final order be passed is what gets interpreted by what you presented here before us.

3. After the final Order of RCR Court it becomes your side’s duty as practice procedure to Execute this final order which pops in your favour within 1 year of passing of such final Order. After Execution the concerned Execution Court gives another final Order after due process and that may again go in your favor if she again does not appear even before Execution Court.

This is the final stage in RCR case that has been filed by you and understand the legal nature outcome.

4. Now from this stage onwards it depends what you want from your life now on. If you still pent up and would like to become hermit waiting for your wife to come back then do so as a hermit as you said before RCR Court that you want her to come back ! Flip this 'say' and if you after Execution Order which may be in your favour you want to seek Divorce from her then all that you need to file is Divorce based on un-willing wife attitude (i.e. not joining matrimonial home after RCR execution) and after due process of this Divorce Court some of which are; issue notice to respondent wife and follow it up finally with paper publications (this time it is a must thing to do) you may get Decree in a Divorce proceedings.

BUT, as we say there are too many sips between cup and lip of a piping hot cappuccino so wait till Execution Order pops and till that time behave like a nice husband eagerly waiting for restitution of his (lost) conjugal rights.

5. The only date (time limit as per Limitation Act) that you need to pay head over heels right now is of 1 year from final Order of RCR Court where a Execution of that Order needs to be filed that is all. Once executed order finality is announced by execution Court then only you may file for divorce and not before that any perceptive miracle may happen is what law says as per this brief of yours. Hence remove all confusions and loose talks heading towards your ear.


All above are short and long of what you wanted us to legally reply and there is no other short cut way out no matter what the top most time pass metro women brigade here says as her time pass statements.

@Gagan

1. Reference Tajobsindia response para #1.

2. That is the first action item in your hand. Straighten our your attorney.  It is quite likely that your current attorney may not co-operate with you to substitute him for another attorney and demand more money- after all, he is losing his business to someone else.

3. Just so that you dont fall into yet another "lawyer quick sand", make sure you get a NOC/letter of substituation signed at the same time you are getting a new vakalatname signed with the new attorney. That way, if the next lawyer harasses you or is not responsive, you are in control of the situation.

4. Sending you a rough draft of a letter / email you can send to your attorney.

--------------------------------------THIS IS NOT LEGAL ADVICE--------------------------------------

From: 

Mr NRI Moorga,

Client

To: 

Mr Bakwas Advocate

Attorney of Records

Galli Number 420,

Goonda Gaon, Apna Desh India

( By Electronic Service: bakwas.advocate@bakwas.com)

Subject: Marriage of NRI Moorga and Metro Biwi

Dear Advocate Bakwas,

1. Please refer to family law case # 1234 in the matter of RCR of Mr NRI Moorga and Mrs Metro filed in the <High Court of Patiala>.

2. I have made several attempts to reach out to you and urged you to settle the matters as per the the orders of the court and my requirements.

3. Following is the record of communication from my end:

(a) Called your office phone 1234 on Monday Jan 1, 2012 at 10 AM and left you a voice mail requesting you to call me back or respond to my email. You did not respond.

(b) Sent you an email on Jan 2, 2012. You responded with an additional demand of money for your services.

(c) Called you on Jan 3, 2012 wherein you told me to call you later.

(d) Called you on Jan 4 and you did not answer your cell phone 9990000 or your office line 112233

(e)

4. I would like to remind you that you have a fiduciary duty towards me in  promptly responding to my queries and represent me to the best of your abilities and settle the matter as requested towards achieving < divorce/nullity/order>.  

5. In the interest of speedy settlement and reducing financial burden , I may seek remedy from the court and be forced to substitute you.

6. Please respond to my letter within 5 working days and address all the pending matters failing which, I will substitute your services.

Submitted Respectfully

Mr NRI Moorga

@Adam: Thank You. I am going to talk to him on Saturday and few more times before following your advice.

@Tajobsindia and @all:

Another information i did not mention is- as there was no response from my partner, it was published in 3 local daily newspapers by the court orders. This was one month prior to my last court appearance in Sep 2011.

I came to know that my partner is not willing to join me. She wanted to be an independent individual. She and her family expected me to come back to India after our marriage so that she can also do a comfortable job of her choice!- strange, I dont know why she wanted to marry then and screw two lives. My lawyer himself has told me this when I went last time to appear in court. Since there was no response to the regular (postal?) notices, he went to the respondent's address personally to hand over the notice. He was told that they would appear in court but did not!

I was given time to call him on Sat evening.

Can you advice me what shall I ask him to know the exact status of this case?

Based on your above responses, I am thinking of asking him following:

1. Did we get RCR final order

2. If RCR final order had received, did we get Ex-Parte in RCR

3. If we had got ex-parte in RCR, how long will take to file for divorce

4. How much more time to take for the final settlement?

5. Is it right way to ask him if he is expecting some favors from me for early settlement. Frankly I do not know how to initiate this process

Please advise me... please

Thank You

Gagan

@ Gagan

You appear trapped by your advocate and need to wheezle out and get a new lawyer. I tried to skim all your posts and you can see the pattern of deceit, evasiveness by your attorney.

1- Your lawywer told you   -  2 months from Sep 2011, case will be solved. ie by Nov 2011.

2-To your  friend he tells -  divorce will be filed in this month (Jan 2012).

3-To your  brother he tells  - divorce will be filed in Mar 2012

Why is the estimated settlement date drifting - Nov 2011 > Jan 2012 > March 2012.

Since your lawyer has scheduled a call with you for Saturday, please find out the status of the case. Here are the two questions you should ask and no more.

Q1: What is the current status of legal fees. How much has been paid and how much is outstanding.( This is connected to your question number 5)

Q2: What is the status of the case. ( Your question number 1 through 4 are one and the same.- case status)

Post your response back to the forum. In your case, the other party and you want to dissolve the marriage and there is no contest.  Since TajobsIndia has put his efforts and appears credible, I would recommend you hire him and drive the matter to settlement in case he is taking new cases. 

@Adam:

I called his 2 mobile numbers and land line today at scheduled time (3 different times to each number at gap of 10mins) but no response. I asked my friend to go there to meet him tomorrow.

This is turning out to be another sub-project for me :(

Greetings Gagan Bhai

1. You need to develop a strategy to substitute your current attorney.Its obviously not working for you. In law, things like, " I asked my friend to meet him", " my friend spoke to him and then he told my friend to tell me to tell her ....", all this telling and meeting has no value unless you are maintaining a log/ docketing all activities.

2. Action items:

(a)  Notice to current attorney. Your friend should take this written notice duly signed by you

Use the draft that I posted, update. I can review it if you send as word doc. 

(b)  Compel Attorney to provide case status in writing. 

(c) Demand all case file be handed over to your rep ( friend). Give him an authority letter to collect documents on your behalf.

3. Before you shop for your next lawyer, please get all the case files together. Draft a summary of the case with dates, decisions, orders in a succint manner in a 2-4 page document so the new lawyer can understand the case without  " having to read 4000 pages". The new laywer will bill you for your case review. There will be " lot of questions" that the new lawyer will have and all that time you are going to spend will be billed to you.

4. Negotiate a flat rate with the next lawyer with the understanding that he represents you officially via vakalatnama.

5. You havent responded to this question, being reposted:-What is the current status of legal fees. How much has been paid and how much is outstanding.

6. There is one more option that you may explore - You hire a lawyer but no vakalatnama. You use this lawyer to draft a motion to the court for settlement as a Pro-Se, self represented litigant. 

You have to be present in person for the self representation.