Procedure to get the final divorce decree
hi this is shubhankar. i had the final hearing on 27th jan 2015 of mutual divorce. the advocate said at that time that i dont have to pay anything. now when i demand the authorised divorce decree, again he is charging. what should i do. in my case he would always demand money. thats why i wana know that how can i get the divorce decree from court. have i to contact to my lawyer fir this case or is there any way to get it. according to my commitment i have paid my payment of 13k which is very higher.
please tell me the procedure to get the authorised divorce decree from yhe court and what are the charges associated with that.
Asked in Family Law from Barasat, West Bengal
1. The client-attorney relationship ceases to exist after the final hearing of the case.
2. The lawyers charge a lump sum amount at the time of accepting the brief and then they charge on a per appearance basis. So it was legitimate for your lawyer to charge you on every appearance as he appeared in the court to represent you. Lawyers practice law to make money.
3. However, it may be noted that once the client-attorney relationship has come to an end the lawyer cannot charge the client. So if you have paid him the entire agreed amount then refuse to pay any further.
4. You can obtain a copy of the judgment from the court. The judgment is to be delivered by the judge and not the lawyer.
5. The charges are not uniform throughout the country. Only a local lawyer can tell you the charges.
1. Well, if he is asking more than what you may have agreed then you should not pay him.
2. You can visit the court and ask for formalities. On knowing the procedure you can apply for certified copy of the order and decree.
3. Alternatively you can engage another lawyer to apply for it.
Hi, you have to file a certified copy application for the documents you want and after few days court will give the all the documents you need.
1) you have to visit the court premises
2) make an application for certifed copy of divorce decree
3) mention whether you want divorce decree urgently or in normal course
4) pay the charges . it would not be more than Rs 1000
5) if application is in normal course you would get divorce decree in one month time
1. Did you attend the 2nd mothion i.e. the final hearing on 27.1.2015?
2. Did the Magistrate pronounce the decree of MCD before the Court?
3. If yes, then you being one of the party can directly go to the Peshkar of the said Court and apply for the copy of the said decree of divorce,
4. The said PeshkarCourt officer will take some amount which will certainly be less than what the Lawyer is asking for.
1) You can go to the registrar(In the court office) and apply for a certified copy of the Divorce Decree and Judgement on payment of the nominal fee which should be around Rs.100/- or 150/- depending on the number of the pages the document will contain.
2) Once you apply for the certified copy it will take some time for it to made ready. You can inquire as you apply as to when you should come back to collect it.
3) The fact is that if the advocate has to apply and get the copy he will charge a fee for the time he needs to expend.