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Krishna Kumar (Business)     12 June 2012

When lawyer is not shown interest on my case

Hi, I filed Divorce case on Curalty and Desertion ground against my wife. On first day, my lawyer appear near judge and arranged for councling and left. I completed the councling on that day, and continuing next seven months of councling just my wife say YES or NO to live with me (I am ready to live with her).

My lawyer or junior lawyer did not come to the court after the first day hearing. At the early stage I thought as it is councling, I can finish without him. But now six counclings over, but still going on. I told my lawyer to come and talk to the wife or judge or do something, but my lawyer does not shown interest and continuing his other cases. His junior lawer asking my 1000 rs for every two date addition to the initial payment, He is telling some some story like he need to get some documents, papers, stamps etc.,

if my wife files other cases, I will have to pay like same. Can anyone please let me know at the councling stage, is there any possiblities to make it fast. If my wife files other cases, can I appear in the court and fight for my self.

Thanks, Krishna



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 5 Replies

Shantanu Wavhal (Worker)     13 June 2012

seems that ur case is sent for counselling (mediation centre).

its a normal practice to send any marriage petition for counselling and find amicable settlement. so ur case is sent for mediation.

the final result will be - mediation successful / failed.

at one hand, u r saying that u have filed for divorce.

at the other hand, u r saying that u r ready to live with her.


if anyone of u express a desire NOT to break the marriage, the counselling would continue for years together.

if u really want divorce, say so in next date of mediation. get mediation failed report. continue with the main case tooth and nail.


ur lawyer seems to be indifferent towards ur case, since ur own requirement is not yet clearly defined by urself. (divorce / restitution).


counselling is voluntary process.

u can deny (or clearly tell the court that u dont anymore want to go for mediation)


Krishna Kumar (Business)     13 June 2012

Hi Amit, Thanks for your response. I filed for divorce after two years of separation. I waited for her to come back and tried at the most. Nothing given result. I could have filed for RCR, but that is time taking process and will not force my wife to live with me if she dont want. So I filed for divorce. In the councling, I said I filed divorce as there is not response from my wife. But if wife willing to, I am ok to live with her. So this is going on. As you said, I can say to not do anymore mediation further and let them decide.

Shantanu Wavhal (Worker)     13 June 2012

if u decide to end the mediation process then - 


concentrate on divorce case meticulously.

beware that she can backfire - HMA 24, crpc 125, DV, 498a etc.


choose carefully


(Guest)

If you want to bring her back, then bring her back.

If not say in rigid way you don't want to live with her.

If you think your lawyer is cheating you please change your lawyer.

Shantanu Wavhal (Worker)     13 June 2012

make sure that u have sufficient proofs to prove her cruelty as alleged in ur petition.

dont rely on the allegations, which can not be established in the court.


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