Domestic violence - I filed police complaint on June2020
1 year ago
I filed police complaint on June2020 inChennai due tomurderattempt ,lots of abuse, beating demanding money. Myadvocate said she will file dv case as police ask bribe to take action. Due to corona court was closed by 2020 so my advocate waited for filing dv case but my advocate asked to go for talking to husband for mutual divorce in 2021 my husband agreed but my husband intentionally filed divorce case in Bangalore where he stays with his ex gf in affairs to harrassme despite he was born marriage took inChennai. my advocate took stay ondivorce filed by husband in Bangalore took transfer to Chennai court by 2023 , meanwhile my advocate filed dv case in correct jurisdiction Ambattur by April 2022 and my advocate is not filing any objection as the respondents not appearing more than 10 hearings lastchance to counter alsoover. this may 5th 2023 today my advocate said me he will ask for short date or ex party but opposite party advocate asking time till 22nd may fr counter filing my advocate is not filing any maintenance case I'm jobless I resigned my job as my husband family lied saying he will be in Australia but he did fraud always roaming with ex gf and having sex with her as she is interested in sleeping with many women and adjusting him . He always roaming with hookers in Bangalore often with his ex gf not appearing in dv case only his advocate is asking time almost 9 hearings to file a counter. My advocate is not helping me in getting quick justice I feel suicidal as he no action I lost my job he tortured me mentally physically but police not filing fir since 3 years ask us bribe openly my advocate is not interested in getting quick divorce serving justice he is speaking to opposite advocate today I'm so much depressed now we spent litigation of more than 2 lakhs but my advocate is delaying in filing anything what should I do? My age was 27 now I'm 31 lost hope in Indian justice especially court s giving lots of time to abusers
(Chennai, Tamil Nadu)
I am sorry to hear for what you have gone through. You always have an option for consulting another advocate or changing your advocate. In your case a lot of papers are to be reviewed. Suggesting, anything without studying and reviewing your record does not deem fit.
There might be or might not be a necessity for such delay in the filing counter. Contact an advocate who specializes in divorce matters, immediately.
Vidhikarya
As per the information you have given it is advsiable to you to file a complaint against those police officer who are not filing your FIR and it is also suggested to you to change your advoacte after getting our refund.
A.Dear Sir,
If you are not comfortable just change the advocate and hire another advocate. It is your privilege to change the advocate as follows:
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 Vakalathnama 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.
In normal Courts, NOC (No objections certificate) to be taken from the previous Advocate. The previous advocate may sign on the left margin of Vakalathnama (Power) saying he has no objection to engage any other Advocate.
In case, previous Advocate not ready to give NOC then the aggrieved party/client can issue a notice by himself to his previous Advocate saying that he is not comfortable with his service as such his legal services are terminated with immediate effect. Such notice to be sent to the previous Advocate by registered post acknowledgment due (RPAD). Then copy of such notice and postal receipt may be produced before the Court by the new Advocate along with new Vakalathnama which will be accepted by the Court by terminating the services of previous Advocate.
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