TRANSFER OF DIVORCE FILE
9 months ago
It has been 1 and half years I have applied for divorce. I was informed that my divorce proceedings are almost done and just notice is pending but this information was given to me by an advocate sir before 6 months. Now my advocate is not responding me properly. I want to clear my divorce as soon as possible. Therefore is it possible to transfer my proceeding divorce file to another advocate in order to compete the process as soon as possible. If yes then how much more time will it take to complete.
A.Dear client,
you may change your advocate. You may send a notification to your prior advocate on your own initiative, stating that you are unsatisfied with his service and that, as a result, your legal services are terminated with immediate effect, in the event that the previous advocate is not prepared to provide NOC. This notice must be delivered by registered mail with receipt required (RPAD) to the prior attorney. Then the new advocate may provide a copy of the notice and the mail receipt to the court, along with a new Vakalathnama, which the court will accept by dismissing the prior advocate's services.
you may change your advocate. You may send a notification to your prior advocate on your own initiative, stating that you are unsatisfied with his service and that, as a result, your legal services are terminated with immediate effect, in the event that the previous advocate is not prepared to provide NOC. This notice must be delivered by registered mail with receipt required (RPAD) to the prior attorney. Then the new advocate may provide a copy of the notice and the mail receipt to the court, along with a new Vakalathnama, which the court will accept by dismissing the prior advocate's services.
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A.Dear Sir,
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.
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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