Legal Question in Civil Rights Law in India

I filed divorce case on mental cruelty ground in May 2010 after a bad marriage of 8.5 years. Since then, wife has been living in the govt. accommodation alloted to me and I hv been living wid my parents and also taking care of my 6 years old son. She filed complaints in women cell and counter allegations in the court in retaliation of my filing for divorce case. Mediation by the Court and counselling in Women Cell have failed and no arrest has been done although she and her family tried their level best by making false MLC etc. She has been awarded Rs.6000/- per month interim maintenance and be allowed to live in the govt. accommodation in September 2010 by the judge in maintenance order. Now, the case has been listed for cross examination by the honorable judge on 1st June. My lawyer has been bribed by her and her family and he always tries to convince me to go for compromise. Now, he is asking me to settle the matter through filing for mutual consent divorce and asking me to give lumpsum payment around 5 lakh. I am not in a position to shelve that much amount. She is a professionally qualified (M.A. Sociology and Sangeet Visharad from Gandharva Mahavidyalaya Mandal), so can earn her livelihood if she wants and the son is also with me. I have contacted another lawyer but I am afraid if he can also be bribed by them and would not cooperate. What should I do for the next date. In the order sheet, I have been asked to submit affidavit with list of witnesses with an advance copy to the opposite party within 10 days i.e. by today. Can I file the affidavit after a few days with condonation of delay application. Plz advise.


Asked on 5/19/11, 8:38 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it may not even be bribe, it may be just the lawyer s inclination to settle the matter. however, as you do not want to compromise and you are not comfortable with your present lawyer, you may change your lawyer and the new lawyer would submit the evidence on your behalf on 1st of June. you may file the affidavits even later as the court may just impose some cost but you have ample time of 10 days, and you may file the requisite evidence.

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Answered on 5/19/11, 10:07 pm
Devansh Bhardwaj Devansh Bhardwaj

It is not necessary that your lawyer would have been bribed. Further you may change your Lawyer, but no guarantee for anybody's conduct.

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DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 5/20/11, 6:47 am


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