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Palash Mukherjee (Executive)     02 May 2014

Filing of mutual consent divorce

My and my estranged wife's lawyers have filed a mutual consent divorce. However i find that both the lawyers are making their intentions clear to milk money from me by delaying procedures and going back on words mentioned earlier. I want to know if i can change my lawyer within the time span between filing of divorce and the case coming up for hearing in court?



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 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 May 2014

If you want to change the lawyer, you have to obtain NOC from previous lawyer and hand over the case to another lawyer.

victim of faith (self)     02 May 2014

@ ramachary64@gmail.com:

sir,

fail to understand if one is that clear and give NOC just like tht w/o giving trouble than what makes him/her to join hands with opponent party to tarnish own image ?

problem arise when they hesitate to give NOC and make client to run frm pillar post before giving it.
do u hv any solution for this type of situation ? pl. suggest.

 

1 Like

Advocate Suwarna Jadhao (-)     07 May 2014

Hello dear client,

Yes u can engage another lawyer if u think its necessary. In mutrual divorce generally the mater is not prolonged, if u both stick to ur settlement and appear in court for second motion. But if either of u disgree on any point than divorce will not be granted.

Gautam Kapoor (IT professional Studying Law)     08 May 2014

NOC is generally a document stating that the current layer has no reservations for the case to be taken from him.I will call it a goodwill document for the lawyers fraternity.

Generally if you attend the court with a new lawyer presenting him the vakalat and revoking the earlier GPA order.

Since both have agreed for MCD, there is no need for 2 lawyers also you need to be extra careful here as your estranged wife could be lured to seek compensation from you and not allow you to go scott free

Solomon Raju (Advocate High Court of A.P.)     11 May 2014

Dear Palash,

Firstly, how can you say that your advocate is colluded with otherside advocate...See, family matters are delicate and when there is a chance of Mutual Consent Divorce the advocates of both parties shall speak to each other as they want express their party's concern to the other party...See, for suppose if your wife wants xxxxxx....amount as alimony, she shall convey it to her lawyer and further her lawyer shall convey to your lawyer...Without this communication, you cant fight in the dark without knowing the facts...

The courts are not bothered of what amount you give, If you doubt anything about your lawyer, then you better speak to the other lawyer in the presence of your lawyer...If you are not at all satisfied of his behaviour then you can obtain No Objection from your advocate and entrust the same to some other but again you shall pay some amount to the new lawyer...So think, if you are changing lawyers..you are loosing money also...

Keep all this in mind...Generally courts grant minimum period of 6 months to 1 year for reconciliation...if not possible, then only they will give divorce...All proceedings in courts will take time...Not that you have applied for divorce and immediately they will give it...It is not a ready made one...the courts will go into facts and try to counsel the parties and when there is no possibility then only divorce will be pronounced.....


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