Dishonest lawyer

Mr. Better contact me 9738465552.

It would be appropriate for you to file a proper counter claim seeking divorce.

 

PS: Its never too late in court.....

 

Augustine Chatterjee

9999931153

first of all, do not blame lawyer for everything.. i am sure he might have done the right thing acording to the situation in your case.

and still if you have any problem with your present lawyer then tell the respective judge on the NDOH that you want to change your lawyer and provide you with some time for further proceedngs. 

 

anyways 498a is the golden weapon for indian wives against husbands and its hard to get rid of (i did not meant to discourage you)

she has filed for annulment and i am afraid you can not stop it by any way. the best defense for this is if you could prove that she is living in adultry or having extra marital affais, for that you might need a top notch lawyer. (seems impossible in your case as you did not mentioned the full situation) 

 

even if you get the divorce peacefully then section 125 of CrPC will be waiting for you.

my advice to you:

1. either hire a  top lawyer who is expert in these case

2. or solve the problem peacefuly with your wife and get the divorce done on another grounds (if possible)

 

but even if the 406 IPC is dropped still 498a is enough to steal your night sleeps.

 

so be calm and if you want to file complain against your current lawyer then go to the bar association and complain to the chairman of bar.

It will be premature to opine about your query regarding lawyer.  You dont have any specific complaint against him/her. You said he is not serious in sending any notice, what kind of notice do you expect him to send and to whom? If she has filed a case to annul the marriage you have to file a counter for it venting out your objections and denying the allegations if they are false.  You have to take steps for this, if you have real problemes with your lawyer better to change the lawyer immediately instead of clinging to him/her despite no faithr in him and keep brooding over it. You have already told that the notice he prepared is very weak, it means he has already done his job of preparing notice whereas you have stated that he has not done that job, be clear in what you want to say and want to clarify.  If your lawyer's notice is found to be weak you can give him/her instructions to strengthen your case. If you cultivate the habit of fighting with the lawyer just because you have been subjected to litigation by your wife with false and frivolous cases, there will be no end for it and you will not get respite from any lawyer after that.  Handle the issue carefully so that you dont become a reason for your own disaster.  

Good and appropriate advice given by Learned Expert Mr. T. Kalaiselvan. Nothing to add.

Respected senior learned counsel Roy sir, thank you very much for appreciating my thoughts and opinion to the subject query. Blessed I am. 

I too echo the thoughts of both experts in the thread.

@ author . Be prepared for a long and length battle for these cases which would take around 5- 7 yrs . 

1. If your wife has filed a divorce petition than you have to file your say against that within a period of 90 days . 

2. if the allegations filed by her are false she has to prove the same . 

3. Let the case come to evidence stage and than see what happens . 

4. When it comes to her cross examination  and if the allegations leved are false she will stumble and fall and her case will fall apart . 

5. I do agree with your point of view there are a few lawyers  who just seek date upon dates 

to prolong the case and make their money . Its a bit difficult to find honest reliable lawyers nowdays and there are very few nowdays .

 Hence my request to you is to keep reading plenty of posts on this forum and you will gain knowledge on the same .ultimately you may be able to fight your case party in person or appoint a junior lawyer who would listen to you .another option would be to keep interreacting will people fighting similar cases and discuss and seek their opinion too .

Another option would be to seek the oponion of atleast 2-3 lawyers and decide on filing your say  Welcome to the world of litigation  in a short time from now you would get bolder and bolder , stronger and stronger but never lose hope . The sun would shine for you someday .

 

 

 

Hello everyone, I am the original poster, Im using another ID as I seem to have forgotten the password to the first ID. Thank you all for the response. I have decided to change the lawyer ASAP. Even after several discussions the first notice which has been drafted by him is extremely weak and is guaranteed to fail me in court. Many important points have been left out. When asked why they were left out, I was told to write it myself. I don't find it acceptable to write my own case. Of late my phone calls are also not being answered. Although I have clinching evidence to win this case it is deliberately being avoided to be included in the very first notice which is a reply to her baseless and derogatory allegations. I have been running pillar to post to find a lawyer and have managed to find one. So could anyone please outline the exact steps to replace my current lawyer. I am aware that an NOC is required. Other than getting all my original notices back what else is required? Any pitfalls I should be aware of? I will be going on Monday to advise the lawyer that I am discontinuing his services. @advocate nitin kumar - Thanks for your reply. the 498A acquittal is what Im looking at. But before that I have to send a reply to the notice which my lawyer has kept on discouraging me to do ever since the notice was received. @T. Kalaiselvan, Advocate - Thank you Sir for your response. I do not want to pick a fight with my lawyer but I find it unacceptable that the notice which he drafted as a reply to her was so weak that it seemed like she is entirely innocent, which is clearly not the case. I had listed down points for him to include and now I find that most important points are simply missing. On top of that I am unable to get him on the phone and time is running out. Hence I have decided to find another lawyer, one who does not expect me to draft my own notice even after paying him. Appreciate if you could list the steps I need to take care in the process of shifting to another lawyer. @stanley - I am prepared to wait for as many years as it takes. I am completely innocent here and I was duped into a fake marriage by wife and her entire family. I will not settle for any mediation which is where my lawyer seems to be directing me to. If that were the case I would've ended it by directly paying her and getting the MCD. I want to fight this out and win this no matter how long it takes.

For sending a notice you do not have to go for NOC from that lawyer, you can easily approach a better lawyer in your vicinity and apprise him of your case details and instruct him the message you want to convey through your notice to her.  If you have engaged the lawyer for criminal case and want to disengage his services, it is very simple, just inform him that you wold like to engage the services of another lawyer and and you are thankfully parting with his association because in the said criminal cases, to defend you, he would not have filed vakalatnama (which requires NOC), your new lawyer can file a memo of appearance once again for you and start defending you. This is the only way you can get rid of him. 

It ought to be the duty of the practicing lawyers to act in accordance to their client's instruction and to satisfy their clients by rendering their legal services for relief and redress. THE SUBJECT COMPLAINT AGAINST A LAWYER IS REALLY AN UNFORTUNATE ONE THAT SPLASHED SLOUGHY MUD UPON THE NOBLE ROBES OF OUR PROFESSION. you took up a good decision and maintaining a good spirit to achieve success.  In your need we must stand by your side.

Originally posted by : T. Kalaiselvan, Advocate
	For sending a notice you do not have to go for NOC from that lawyer, you can easily approach a better lawyer in your vicinity and apprise him of your case details and instruct him the message you want to convey through your notice to her.  If you have engaged the lawyer for criminal case and want to disengage his services, it is very simple, just inform him that you wold like to engage the services of another lawyer and and you are thankfully parting with his association because in the said criminal cases, to defend you, he would not have filed vakalatnama (which requires NOC), your new lawyer can file a memo of appearance once again for you and start defending you. This is the only way you can get rid of him.

Yes Sir, There is no vakaltnama yet as there has been nothing sent from our side other than being sitting ducks. After much persuasion I was asked to attend counselling, which I should not have done in the first place since I already have a 498A. My lawyer tried to tell me that there is a chance of reconciliation when my wife and her parents have not bothered to answer any calls after she abandoned the house. Thank you for the advice, I shall at once approach my lawyer and part amicably.

Originally posted by : Biswanath Roy
	It ought to be the duty of the practicing lawyers to act in accordance to their client's instruction and to satisfy their clients by rendering their legal services for relief and redress. THE SUBJECT COMPLAINT AGAINST A LAWYER IS REALLY AN UNFORTUNATE ONE THAT SPLASHED SLOUGHY MUD UPON THE NOBLE ROBES OF OUR PROFESSION. you took up a good decision and maintaining a good spirit to achieve success.  In your need we must stand by your side.

Thank you Sir. You have no idea when an aggrieved and anguished person approaches a lawyer and tries to get the pieces of his life together, and then later find out that this lawyer seems to be siding with the opposite party. May I ask how long it would take a court to dispose off a divorce case for a marriage that only lasted 9 months? Do cases of such short marriages really drag in court for 5 to 6 years?

Normally in Indian Courts disposal of a Divorce case takes 3 to 5 years time. Disposal needs accellaration of a case by a prudent lawyer, if you can get any. In my opinion divorce in a short term marriage ought to be disposed by a summery suit to avoid unnecessary prolonging the case merely on superfluous pleas or issues.

The subject divorce is not based on the short or long term/duration/tenure of marriage. It is a different subject to that of marriage, in fact both or two different poles on the opposite side, when they both come together anything can happen i.e., resumption of marital voyage or splitting apart for ever.  

In your case, if the marriage is hardly 9 months old, you may have to wait for atleast one year period to complete from the date of marriage to file  divorce petition.

You may wait patiently for the time to take its toll, as the time passes, one can expect some definite changes, remain calm for the interim period, allow her to make more mistakes, watch them carefully, secure the evidences of her mistakes, later on it depends whether you admonish her mistakes and take her back into the matrimonial fold or deciding to quit the married life once and for ever.