Lawyer Asking Withdraw Main and Resi App
Hi, I am a 49-year-old woman and have been unemployed for more than one and a half years. I do not have any children. My divorce case has been pending in court for almost two years. My husband sent me a divorce notice under Section 27(1)(b) and (d) in September 2024. We have been living separately since July 2021. We got married in November 2019. Before our marriage, my husband had two female friends. One of them was a woman he wanted to marry, but she refused because he was not settled at that time. She later married her boyfriend, who was a software engineer and financially well-settled. She then suggested that my husband marry her best friend, who was divorced and had a 12-year-old child. However, my husband did not want to marry her, and eventually he married me. After our marriage, he told me about these things. He also told me that he felt he should not have left that female friend because he still had a soft corner for her and believed that she also had similar feelings for him. They used to speak to each other more than 10 times a day and meet when I was not present. I started objecting to their relationship, after which my husband started abusing me. My mother-in-law also supported him in these matters because I was not giving my salary to her. I was already paying for the household expenses, so I did not have enough money to give her separately. Eventually, my husband forced me to leave the house. The house is owned by my mother-in-law and is not in my husband's name. After receiving the divorce notice, I appointed a lawyer and told him that I wanted compensation. My lawyer told me that since the house was not in my husband's name and I was earning more than my husband, there was a possibility that the court might refuse my claim for compensation. He therefore suggested that instead of seeking compensation, we should state that I did not want a divorce. My lawyer then filed applications under Sections 17, 18 and 19 of the Protection of Women from Domestic Violence Act. He also filed applications under Sections 23, 36 and 37. An Affidavit of Assets and Liabilities was also filed. The applications under Sections 17, 18 and 19 include my claims relating to residence and protection, and I also sought maintenance. However, for the last six months, my lawyer has not taken any effective action. He keeps asking for the next date. It has now been almost two years since the divorce case was filed. Recently, my lawyer told me that we need to file a separate DV case in the criminal court. He specifically advised me to withdraw the maintenance and residence applications that have already been filed in the Family Court and then pursue them through a new DV case. I am confused about this advice. I do not understand why the maintenance and residence applications already filed should be withdrawn and whether filing a separate DV case is necessary in my circumstances. I refused because I do not have the financial resources to fight multiple cases. I am completely fed up with the situation. My lawyer also does not answer my calls or messages properly. I do not know what I should do now. Should I continue with my present lawyer, seek a second legal opinion, or take some other legal step? In particular, I would like to understand: 1. What are the possible consequences of withdrawing the maintenance and residence applications already filed? 2. Is it necessary to withdraw these applications before filing a separate DV case? 3. Can the existing applications be continued instead of filing a new case? 4. Should I obtain a second legal opinion before agreeing to withdraw them? 5. What should I consider before taking any decision that may affect my maintenance or residence rights? I would be grateful for any guidance from people familiar with family law and domestic violence proceedings.
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