Respondent is not coming intentional evasion from start

547 votes

You can take back your file from your advocate at any stage if, you were not satisfied with her service. If you want to get divorce from your husband in any way, then you have to withdraw (not press) the petitions pending against him filed by you. 1) Then you can file a mutual divorce petition with appropriate terms (or) 2) file a petition against your husband praying the court for grant of divorce under the grounds of cruelty and desertion then, he will be set exparte automatically and you can get exparte decree of divorce. in the first choice, you can impose conditions as to permanent alimony etc., In the second choice, you have to give up all your demands. .

Advocate Kadagala Rambabu Naidu LawRato

702 votes

You are legally entitled to change your advocate at any stage of the proceedings. If your present lawyer is not actively pursuing the matter, you may engage another advocate. An NOC from the previous lawyer is generally preferred, but if the advocate refuses to give it, your new advocate can file a Vakalatnama along with a memo seeking discharge of the earlier counsel, and the court can permit the change. The fact that your DVC and maintenance case is still at the summons stage for a long period indicates delay in proceedings, and the matter should be actively pursued rather than waiting indefinitely. Seeking an ex-parte order against the opposite party or exploring mutual consent divorce are strategic options, but they depend on the willingness of both parties and the stage of the case. Therefore, the practical approach is to engage a proactive advocate who can move the case forward, ensure proper representation in the pending matters, and adopt the most effective strategy based on the case status rather than relying solely on informal assurances.

Advocate Pavani Kumari LawRato

659 votes

first send a written notice or letter requesting to handover the file to you along with NOC, send it by registered or speed post and keep the acknowledgement with you , if the advocate denies with that proof, file an Memo to the judges for non compliance with NOC and ask for appointing of new advocate...by filing new vakalathnama ... best regards,

Advocate D Lalith Kumar LawRato