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My lawyer not taken up the case
09-Jul-2023 (In Divorce Law)
My wife left 2 years ago and she filed section 9 and in the document copy she mentioned as my husband doing dowry harassment. With my Advocate participated court hearings few times. At the time of counter to that case my lawyer left the case now. Judge put passed. Shall I do counter myself or new Lawyer. Or do we need to file new petition?
It is your legal right to choose an advocate of your choice. You don't need to file a new petition, just your new counsel has to file a vakalatnama to represent you further in your case. In case, you need assistance in that regard, you may consult me as I am a matrimonial lawyer practicing in all the district courts of Delhi.
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Adv. Puneet Srivastava
Delhi | 400+ Answers
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from what I understand an ex parte order has been passed against you. you can take the following steps.
Appeal: The husband can file an appeal against the ex parte order in a higher court. Typically, an appeal needs to be filed within a specified period of time, which can vary depending on the nature of the case and the court involved.
Setting aside the ex parte order: The husband can file an application to set aside the ex parte order. This can be done by providing valid reasons to the court, such as lack of proper notice or inability to attend the proceedings due to a genuine reason.
Filing a revision petition: The husband can file a revision petition before the higher court, seeking a review of the ex parte order. The court may examine the legality and correctness of the order and may modify, reverse, or remand the case back to the lower court for a fresh hearing.
Appeal: The husband can file an appeal against the ex parte order in a higher court. Typically, an appeal needs to be filed within a specified period of time, which can vary depending on the nature of the case and the court involved.
Setting aside the ex parte order: The husband can file an application to set aside the ex parte order. This can be done by providing valid reasons to the court, such as lack of proper notice or inability to attend the proceedings due to a genuine reason.
Filing a revision petition: The husband can file a revision petition before the higher court, seeking a review of the ex parte order. The court may examine the legality and correctness of the order and may modify, reverse, or remand the case back to the lower court for a fresh hearing.
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Adv. Kunal Seth
Delhi | 500+ Answers
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You need to appoint another advocate to do the needful. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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You may continue with the same case and take services of another competent Lawyer to defend you and make the case stronger by filling additional facts and applications to make the case strong if needed.
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Adv. Himanshi Singh
Delhi | 25+ Answers
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Yes u need a hire a lawyer and need to file reply to her petition be ready to have more cases from your wife fir further query plz feel free to call I will advise you properly step by step what is the stage now
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Adv. Anupama Sharma
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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