• I am confused state what to do with my lawyer - divorce case

Hi I am living in USA and got married in 2010 in India and came back to USA, had baby in 2012. With all disputes applied for divorce in USA and my didn’t attended the court here in USA and I got default divorce in April 2017. My wife went to India and filed dowry harassment case on my family and maintenance case in August 2017. I got stuck at my work here in USA and can’t visit India until February 2018.We hired a lawyer and he charged 1.5 lacs for maintenance case and he said he will file quash case at high court and charged 1.5 lacs again. Since from 3 months my parents attended police station and sessions court and for each appearance he is charging 10,000 rupees every month. He is not responding to the question what objections he is providing the court and when he filed the quash case at high court. I am requesting for the documents what he submitted to the court to send to me since from 3 weeks all he is saying to wait for next month 15th and charging 10,000 to 20,000 rupees every month and I am totally in confused state should I hire another lawyer or not. What will be the consequences if I hire another lawyer already I am in trouble as my parents are in educated they are getting depressed about our family situation. My lawyer is saying once we file a quash case at high court we can get stay for 1 - 1.5 years with that stay no need to attend sessions court or police station monthly is tat true? After getting stay we can go for settlement as the other party will become weak mentally. As my baby is 5 years old I requested him let’s request court that I am ready to take care of the baby and I am ready for amicable divorce and my wife family threatened my dad to give all of the money we have and leave Bangalore. Now all my lawyer is saying is to wait for the stay he said we will get it by November 15 which is yesterday some how I need to be pleasant. What can I do with my lawyer now - what logical questions can I ask to confirm what he is doing with my case.
Asked 1 month ago in Family Law from United States
Religion: Hindu
1) your Lawyer is bound to furnish you copy of petition filed for quashing under section 482 of cr pc 

2) if the petition is numbered copy of number given by the HC 

3) you can check online status of your petition from HC website 

4) it is not necessary that HC would grant you stay 

5)don’t make any further payment to Lawyer unless he furnishes you copy of petition filed by him 

Ajay Sethi
Advocate, Mumbai
38836 Answers
2178 Consultations

5.0 on 5.0

1. Your lawyer should have no qualms in sharing the draft of the quashing petition with you and that of objections he has filed. If he is not forthcoming then engage another lawyer in supersession of his brief.

2. Furthermore, you can check the case status of your quashing petition from the official website of the High Court.
Ashish Davessar
Advocate, Jaipur
21828 Answers
595 Consultations

5.0 on 5.0

Hello, 

Yours is a perfect case of wrong legal consultation. FIRST AND MOST IMPORTANT - if you can stay back in US - Please do so - do not come to India - under any circumstances. Please share details of your case (case no and title) (in case you dont know then share your full name and your wifes full name along with fathers name and addresses) on my email id. 

Your cases could have been easily quashed till date as the matter has been settled in US as ex party. Just confirm wether your wife was summoned for divorce case in US or not (summon received or not) if yes then it makes strong case - otherwise too yours is a case where your wife is intentionally harassing you and your parents. 

Ask your lawyer 

a. Details of the case in High Court : Case no. and Next Date of Hearing, ask for soft copy of all the orders passed by the high court and also copy of the petition filed by him in the court (do not pay anything until he does that) Ask the status of case in Highcourt
b. Ask the name of the lawyer who is representing you in High Court of Uttrakhand
c. Ask all same details in maintenance case and other case in Rishikesh / jurisdiction where case is filed. 

If he does not reply to above queries -you may find it wise to change your lawyer at the earliest. 

In reference to your cases you may choose to contact us as we provide our services in Distt courts and High Court  of Uttrakhand as well. 

Best of Luck 
Atulay Nehra
Advocate, Noida
880 Answers
30 Consultations

4.7 on 5.0

Well,he seems to be duped by a person whois claiming torperesent you beofre the court or lawforums.
I Advise You not to trust him anymore and seek a line of action he has done so far through e-mail.
I am sure he does not gave much to offer on this account. In that event lodge complaint with Bar Council agaisnt his professional misconduct.
Then engage a new advocate, contest her cases, If 498A case has been filed take bail.
File another divorce suit in India since decree of divorce in USA is not recognised in Indian court.
Devajyoti Barman
Advocate, Kolkata
10778 Answers
134 Consultations

5.0 on 5.0

Friend
Trust is essential for all effective relationships, whether personal or business.
From an lawyer's perspective, client trust is critical. it is the glue that holds the both of them together, that means that everyone has to be on the same page, trusting each other to work towards the same goals, all the time. while the need for client trust may seem obvious, it is sometimes overlooked, and often taken for granted in modern law practice.
The strength of that relationship is determined by the level of trust that the client has for the lawyer.
The bottom line is this: a lack of trust has a material impact on the outcomes.
So Friend, It is not necessary that High Court would grant you stay. Simply say your lawyer to give you a NOC and so that you can appoint another lawyer as he or she is not competent enough. Don’t make any further payment to Lawyer unless he furnishes you copy of petition filed by him.

At last i just want to say that human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals. Don't give up, fight for your rights.



GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Gopal Verma
Advocate, New Delhi
45 Answers

4.4 on 5.0

See if you are not satisfy with the way of behaiour and working of advocate then you must need to change him. Because there must be transparency between client and advocate related to the work. There will be no consequences by changing the lawyer, but make sure you must hire some competent advocate. Yes this is true that if you get stay from high court then there will no need to attend high court, but for quashing the FIR there must be compromise or settlement on the basis of monetary compensation between the parties and have the agreement for it. It means, both the parties should involve for quashing, it will be very difficult to quash the FIR just on the contentions of single party. You can ask for the complete file of your case from him and have a look over it. You can ask for strong unique grounds for quashing the FIR. Only stay is not a complete solution, petition will have to go somewhere whether granted or dismissed. Now its upto you, if you can feel that other party will ready to talk on table for compromise then its fine. If not, then you need to think over it.
Laksheyender Kumar
Advocate, Delhi
329 Answers

4.8 on 5.0

considering the fact of yours,

Lawyer need to be transparent with client on the case. Since it is missing, You can not expect quality work from your lawyer. Not sure your lawyer is in touch with complainant party to work against you. I suggest you to change the lawyer and the process is easy.

I am not sure on conditional quash of 498a cases wrt. Bangalore high court. Once the case is registered then none of the party need not visit police station.

The only question you can ask him to share your case details and pertaining documents to work with another lawyer.



Niranjan
Advocate, Bangalore
545 Answers
2 Consultations

4.9 on 5.0

When an advocate is appointed by a client for a certain case under Order 4 of Civil Procedure Code, 1908 the pleader has to file to the Court a duly signed written document by the client, which is termed as a Vakalatnama. In case a client is not satisfied with the lawyer, then first, the client should discuss it with the lawyer, and resolve the issue amicably. If it is not resolved then he might ask for a No Objection Certificate (NOC) on the Vakalatnama or on other documents related to the case. This is an easier way. But in case the advocate does not agree to give a NOC, then the person can issue a notice of termination to the advocate and apply to the court for withdrawal of Vakalatnama. Order 3 of Civil Procedure Code gives aggrieved persons the right to choose one’s pleader. Therefore changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed Vakalatnama to the court. Hence it is possible to change one’s pleader. In a few cases problem arises with the case history. If the pleader fails to give it to the client, the client can apply for the order sheet by an application to the Court.
Jineshkumar K
Advocate, Chennai
10 Answers

4.8 on 5.0

Hi, With my rich experience, normally petition under section 125 of the Cr.P.C will not be quashed in the High Court, because it is the duty of the Husband to maintain his wife and children. Secondly, in the High Court has the power to quash the any proceedings under section 482 of the Cr. P.C but the thing is that, from the substance of the complaint there is no material allegation proceed against you, under such circumstance High Court will quash the proceedings.

2. Whether your advocate has filed the petition or not, for check  the same you can go to the High Court of Karnataka website, there you can find whether your case has  registered  or not and you can also know the status of your case.

3. As far as professional fee is concerned  i am not say anything.

Pradeep Bharathipura
Advocate, Bangalore
4450 Answers
191 Consultations

4.3 on 5.0

Please ask your Lawyer to give photocopies of the case papers with all the documents, consult a new Lawyer (1 or 2) take opinion and then proceed with your case or change the Lawyer if required.

If the Honourable High Court grants stay of the proceedings in the criminal case, it is just a stay of the proceedings till further orders and not permanent relief. 

If you are ready for the amicable settlement with your wife file application to the mediation centre in Bengaluru to appoint mediator to settle the dispute.
Rajashekar
Advocate, Bengaluru
238 Answers

4.8 on 5.0

Your lawyer is just happily earning and not doing any work. You must change him over by taking no objection vakalatnama. Before that get hold of all documents made by him and served to you by your wifes lawyer. Show them. Can go through and guide you better. As far as I am aware, if you are properly taking care of your child and if your son is questioned and your son speaks on your behalf and moreso your wife is qualified and its just a harrasive measure she is using, she can be divorced out without alimony
Aveek Bose
Advocate, Kolkata
120 Answers
1 Consultation

4.8 on 5.0

Hi, sir without being prejudice, I must say your lawyer has been extracting money from you .. Ask him to send you the quashing petiton  filed in high court and the order for the next date of hearing .. Your parents can collect it from him on your behalf .. The petiton will be having institution no. on it on the bases of which , I can take out the details of the proceedings.. It is advisable to hire a lawyer that is more transparent in his approach.. 
Hemant Chaudhary
Advocate, New Delhi
1893 Answers
7 Consultations

4.9 on 5.0

1. On what ground your lawyer has filed the petition praying fr quashing the dowry harassment FIR?

2. To my knowledge, Indian High Courts do not entertain quash petition before charge sheet is filed about the FIR against which quash petition has been filed. In your case, has charge sheet been filed? If yes, has any lop hole in the said charge sheet been detected by your lawyer in consultation with you?

3. What you are required to do is that you should manage to get the charge sheet filed by the IO of the police station at the earliest so that you can file the quash petition finding out loop holes in the said charge sheet proving the complaint as false.

4. You can think of changing your Advocate by collecting NOC on Vakalatnama from him and then appointing a new Advocate. 
Krishna Kishore Ganguly
Advocate, Kolkata
16125 Answers
391 Consultations

5.0 on 5.0

==Your Advocate is giving all wrong information. There will not be any Quash Petition in your matter and there is no question of stay.  Since 498A is a criminal case, you have to attend the hearing without fail.  Otherwise NBW (Non Bailable Warrant) will be issued in your favour.  To gain some time (for about one or two months) you Advocate can file a Petition.  Hence, my advise is to immediately change the Advocate and appoint new Advocate.  Normally the earlier Advocate may harass you in not giving NOC of Vakalat.  If you need any advice I will help you in this regard.  I will explain you how to obtain NOC from earlier Advocate. You are also paying very huge fee.  You can contact me through Kaanoon.com team. 
Ravinder Pasula
Advocate, Hyderabad
389 Answers
84 Consultations

5.0 on 5.0

Dear Client,

It is kind of unethical/unprofessional from an advocate that on charging good fees still he is not responding to the queries of client.

If u feel so , instead of any relief, he is chagrining u fees on regular basis with no improvement/development in the case, u better change the lawyer on one time payment. 
No advocate can assured the outcome of the case as its violation of advocate act but it is advocate`s inseparable duty to keep aware of all the records and pleading, stage of case. He can only act on his own motion in the best interest of the client. 
Yogendra Singh Rajawat
Advocate, Jaipur
650 Answers

4.9 on 5.0

Seek from a copy of all the documentation that he has filed in the Court on your behalf.

Seek exact status of all the proceedings. Ask him to provide you with a list of all dates when your matter(s) were listed.

Depute someone to coordinate and supervise the conduct of your lawyer.
Vibhanshu Srivastava
Advocate, Bangalore
3017 Answers
17 Consultations

4.9 on 5.0

Without knowing the current status of the maintenance case or any other case she has filed against you, it would be difficult to render any opinion in this regard.
You can collect the details or the copies of the petition filed before high court for seeking quash of the case pending in the trial court.
It is not understood that where is the sessions court involved in this crime.
As per your contents, it can be presumed that she might have filed a dowry harassment case under section 498a and section 3 and 4 of DP act through police and also a DV case directly and another case for maintenance under section 125 cr,.p.c.
For quashing FIR in 498a case, he should have approached high court, but where are the details, he is supposed to inform you the case details because it is you who has signed the affidavit for the same.
The fee what he is reported to have charged seems to be exorbitant.
But that his fee which cannot be commented upon.
However you can demand the details of all the cases he has filed on your behalf and the status of the case details of the cases she has initiated against you and also can terminate his services.
You are at liberty to engage the services of another lawyer of confidence.
First you obtain all the said details and then decide the next course of action.
T Kalaiselvan
Advocate, Vellore
28842 Answers
300 Consultations

5.0 on 5.0

There is no guarantee that you will get a stay from the High court.
Ask him to provide the number of the 482 petition so that you may check the status of the same online.
Do not make any further payment if he does not reply to your query or does not share the copy of the petition with you. 
Definitely you have been duped by your lawyer here.
You can take NOC from that lawyer and engage another lawyer.

Regards 
Anilesh Tewari
Advocate, New Delhi
4760 Answers
62 Consultations

5.0 on 5.0

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