My husband has taken some 20 lakhs from us n I couldn't take his mental harassment so when I asked for the mutual divorce, he demanded 50 lakhs in return from us. So I have filed DV against him in month of April 2016. And I have submitted all the records right from his PAN card copy to all the voice recording demanding 50 lakhs from us.
But I till now my lawyer has not allowed me to attend any court sessions and my husband is not at all attending the court and he says he has not received any such notice. And I don't trust my lawyer, who's a mutual friend of my husband.
So how can I know the DV has been filed n whether my husband has received the notice or not. What is the procedure? What will happen if my husband doesn't attend court. And my lawyer is also not letting me attend the court and keeps on postponing the things saying whatever the documents I have given is insufficient.
Asked in Family Law from Bangalore, Karnataka
1) ask your lawyer to give you case number
2) you can attend court and verify whether any such case has been filed , process issued
3) perusal ot court records would reveal whether summons served or not
4) if your husband inspite of service does not attend court then court would proceed exparte against your husband
5) you can change your lawyer if you so desire
1. Lawyers do not stop their clients from appearing in the court. They only tell you when you are required to appear. If your husband has been served the summons then you are required to appear only on the date fixed for your evidence. Till then the presence of your lawyer shall suffice in the court.
2. An inspection of the file will reveal whether your husband has been served or not.
3. If your husband does not accept summons or does not appear in the court after service then court will proceed ex parte against him.
1. It appears that your DV case is not properly handled and if that is so then you should immediately change the lawyer. The lawyer also did the unethical job of accepting the case when he already knew your husband.
2. Do attend the case every date and ask the court to pass ex parte order of maintenance .
3. If you engage another lawyer he can find ut whether another case is filed or not and if it is filed then what is its present status.
First and foremost did you accompany your lawyer to court when the DV case was filed, have you signed the vakalatnama and handed it over to your advocate for filing of the case, after filing has your advocate provided you with a case number. If the answer to these questions is no, then it is confirmed that your advocate has cheated you and is hand in glove with your husband, all the documents and evidences that you have handed over to your lawyer must have been given away to your husband. Change your lawyer immediately.
File the case afresh, hiring another lawyer.
Contact another lawyer and search your case and get the status of the case.
Advocate, New Delhi
You immediately change the lawyer and engage a good lawyer who would be handling the case more effectively and in your favor.
In my opinion he would not have filed the DV case at all hence he is trying to avoid you attend the court.
Visit the court office and enquire about the case directly and come to know the details and change the lawyer.