Legal Question in Family Law in India
I am potentially in a legal nightmare. my husband and i decided to separate 6 months after marriage due to incompatibility. Accordingly i contacted a lawyer who assured me that i will get mutual consent divorce.
He practices in Barrackpore Court (a place in west bengal). He took the case of both mine and my husband assuring my husband that he will appoint a lawyer for him too and that this is the actual established process in this particular court.
After that he had zero communication with me. Somehow, taking advantage of my family's trustworthy nature, he managed to get the divorce papers signed by me. Later on i found out that the clauses mentioned in the paper were in my husband's favour and show me in poor light.
I requested my lawyer for an amendmentand he agreed grudgingly. I am also trying to find out on my own if he really filed any affidavit for the amendment.
My questions are :
1. If i find out that no application for amendment was filed and the court has provided the final appearance date, then what are my options? Can i request the honourable judge for a look at the petition submitted to him and then point out the objectionable clauses?
2. According to my lawyer, in case my husband does not appears before judge, he will change the case to a contested one. I am not financially well off like my husband and hence have no intention for going into contest divorce. can this case come back to haunt me later on? i.e. can my husband file a case against me for desertion in future?
Looking forward to expert opinions from lawguru. This site has helped me a lot in resolving my legal queries and i hope i would not be dissapointed this time too.
1 Answer from Attorneys
1)you can refuse for divorce or otherwise ask for amendments. You can also bring it to notice of the court.
2) It is always much better for both parties to get divorced by mutual consent as in contested divorce you will have to spent a no of years fighting the case, your time will be wasted and costs will be increased. So try to get the divorce by mutual consent asking the lawyer for amended the petition / consent terms.
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