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Contested Divorce Case under HMA


19-Feb-2023 (In Divorce Law)
It is about a contested divorce case in family court in Delhi where owing to financial hardships, the respondent (husband) has not been able to pay a little over one third of his counsel’s fee. nThe counsel has not been coming to the court since the last two hearings marked for presentation of evidence by the petitioner. nThe counsel has also stopped providing information about the next date of hearing since the last two hearings. nThe respondent himself was not able to attend the last two hearings. He is in the dark as to the proceedings of the last two hearings. nNow the case is listed for the next week for presentation of evidence by the respondent. nHe is unable to arrange the counsel’ balance fee as of now though he may be able to do so in near future. The counsel has refused to co-operate unless balance amount is paid. nIn the situation as outlined above, what would be an appropriate course of action on the part of the respondent. nShall appreciate a sound legal advice!
Answers (3)


LawRato

Answer #1
813 votes
Dear client In case you are not able to afford a lawyer. You should appear in person before the court and comply with the previous orders. You can give your evidence without your lawyer also. Non appearance will cause unnecessary delay in your matters
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRato Delhi | 700+ Answers
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Answer #2
911 votes
1. what ever is happening between you and your counsel is your personal business. 2. if your advocate is not appearing before the court to represent you and has refused to co-operate, you can change your counsel. 3. since two adjournments have already been granted by the court it is unlikely that another adjournment will be given. 4. therefore it is very important that your advocate proceeds with presentation of evidence. 5. feel free to contact me incase of any further queries
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Answer #3
836 votes
The best case scenario would be if an understanding could be reached with the legal counsel already retained. Otherwise, you can also go for a change in counsel and hire a new one which fits your budget. The Court should be inclined to give you time for the same.
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Advocate Rohan Sharma

Adv. Rohan Sharma

LawRatoDelhi | 200+ Answers
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