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The mutual consent divorce petition is filed by My Advocate in the family court. The hearing date is fixed only on June 30th 2023. My husband married another woman in before the hearing date without getting divorce. How can proceed the case? Will he be punished?My husband influenced my advocate and & I have no money to pay the fee. So I would like to proceed and represent the case myself ( vakalath) without any advocate. Is it possible for me? Should I get NOC ? Should I write any request letter to the judge for it? Kindly let me know is this possible ? Can I demand a part of property for our daughter now in the agreement? she is a minor now
Question
The mutual consent divorce petition is filed by My Advocate in the family court. The hearing date is fixed only on June 30th 2023. My husband married another woman in before the hearing date without getting divorce. How can proceed the case? Will he be punished?
My husband influenced my advocate and & I have no money to pay the fee. So I would like to proceed and represent the case myself ( vakalath) without any advocate.
Is it possible for me? Should I get NOC ? Should I write any request letter to the judge for it?
Kindly let me know is this possible ?
Can I demand a part of property for our daughter now in the agreement? she is a minor now
Answer ( 1 )
If your husband has not obtained divorce and has married another woman and you intend to withdraw the mutual consent divorce petition then you dont need an advocate. you can appear in the court by yourself if your advocate is not appearing and ask permission from the court to withdraw the mutual consent divorce petition. thereafter you can request the court to grant you a lawyer as you have no means to pay the lawyers fee. the court will direct you to the district legal service authority from where you can get a lawyer free of cost who will file and represent your case in the court on your behalf. Further, the right to maintenance on behalf of the daughter cannot be forgone today by you in any kind of settlement. if your daughter has not been protected by your husband during the settlement terms for the mutual consent for divorce, withdraw your consent and let your husband file a contested divorce petition. in the divorce petition, you can claim alimony from your husband and maintenance for you and your minor child.