498A
RB
(Querist) 28 September 2016
This query is : Resolved
My wife went out of our house in March 2015. She filed a divorce case and interim injunction from meeting my son and against all these, we have filed RCR and also oppose the divorce.
Once we filed the RCR they launched 498A after 6 months of filling the divorce.
There has been no arguements by our lawyer, and he has been buying dates after dates for the last 1 nad half year.
My Queries are:
1) Can the 498A be squashed (since they have not once turned up in the criminal court, post filing the case. We have everytime although)
2) Is our counsel needlessly delaying the start of arguement? If yes then when can we possibly request my counsel to start the arguement.
RB
(Querist) 28 September 2016
Please suggest
Raj Kumar Makkad
(Expert) 28 September 2016
1. It is not squashed rather quashed. Yes, it can be if you have sufficient material and find that there is not convincing material against you in the challan.
2. You are the best master to reply your second point. Generally lawyers know when to argue the matter. better trust your lawyer and if you lack trust then change him.
RB
(Querist) 28 September 2016
@ raj kumar makkad: thanks for your inputs. I already have changed my counsel.
Sir, do you feel that my earlier counsel has needlessly made the case chronic ?
What can I do to immediately get in touch with my son ? Please suggest.
Raj Kumar Makkad
(Expert) 28 September 2016
If you have changed your lawyer before posting your query, the same fact might have been mentioned by you.
I cannot comment about the conduct of your lawyer without going through entire relevant documents pertaining to the case handled by him.
You have not earlier mentioned about the facts about your son so how can I reply without having any details?
RB
(Querist) 28 September 2016
Mr. Makkad what info do u need around that ?
Raj Kumar Makkad
(Expert) 28 September 2016
Where is your son? In whose custody? what is his age? Has any court passed ay order qua his custody?
RB
(Querist) 28 September 2016
Son is with his mother, my wife. He is 11. No the court has not.
Raj Kumar Makkad
(Expert) 28 September 2016
File a petition before the family court seeking custody of your son and alternatively visitation rights.
RB
(Querist) 28 September 2016
Can't I have the right to 100% custody of child ? I hope I can file for that ?
RB
(Querist) 29 September 2016
Please suggest.
Raj Kumar Makkad
(Expert) 29 September 2016
The sole consideration in such cases is welfare of child. Both parties do lead their evidence before the court and accordingly case is decided by concerned court so nothing can be opined without having anything on ground.
Even otherwise why do you believe in speculations instead of performing your duty in this regard?
Are you of the mental set-up that awake only if you are guaranteed 100% success?
Raj Kumar Makkad
(Expert) 29 September 2016
The sole consideration in such cases is welfare of child. Both parties do lead their evidence before the court and accordingly case is decided by concerned court so nothing can be opined without having anything on ground.
Even otherwise why do you believe in speculations instead of performing your duty in this regard?
Are you of the mental set-up that awake only if you are guaranteed 100% success?
RB
(Querist) 29 September 2016
Ok. Thanks Mr. Makkad
Please do suggest as to how to go ahead with it.
Raj Kumar Makkad
(Expert) 29 September 2016
Engage your lawyer and move ahead as per his advice.
RB
(Querist) 29 September 2016
Ok. One more query sir, can a lawyer engaged by a party, make a turn around and completely be non responsive to the party and/or start helping the opponent party ? If yes, how to verify n validate that ?
Guest
(Expert) 29 September 2016
Your latest question is merely a hypothetical one. How to verify and validate that your lawyer has turned around and started helping the other party depends solely on your own personal experience and evidence you could have collected in support of your observation.
Collect that evidence and change your lawyer without any delay by taking approval of the court of law.
Raj Kumar Makkad
(Expert) 29 September 2016
Generally this is a fashion to abuse his own lawyer. A lawyer is bound by the procedure of the court and understands all other factors leading to delay in disposal of the case but the litigant think that their lawyer has involved with the opposite party and that is why the case is not going to its goal.
Only exceptional lawyers are found dishonest otherwise almost all are faithful and honest.
RB
(Querist) 29 September 2016
Ok noted sir.
Raj Kumar Makkad
(Expert) 29 September 2016
Thanks for your noting down a hard fact.
P. Venu
(Expert) 29 September 2016
Your priority should be in offences alleged against you than in settling scores with the advocate who, it appears, was less than professional.
RB
(Querist) 29 September 2016
Will abide by your instructions. Thanks for your valuable inputs.
RB
(Querist) 29 September 2016
The reason I might be projecting to be restless is solely because it has been 19 months, that I have had any contact/ communication with my son.
In spite of reminding the same to my counsel and he himself being evidence to the same no action is being taken to bridge any gaps with my child.
Guest
(Expert) 29 September 2016
Bridging gap with your son is the secondary issue. Priority should be the winning of the case on merits.
Rajendra K Goyal
(Expert) 29 September 2016
You said:
1) Can the 498A be squashed (since they have not once turned up in the criminal court, post filing the case. We have everytime although)
2) Is our counsel needlessly delaying the start of arguement? If yes then when can we possibly request my counsel to start the arguement.
Reply:
1. You should try through High Court. Result would be on merits.
2. In such cases their attendance every time is not mandatory.
3. Court proceedings are time and cost consuming, try to believe in your lawyer.
Rajendra K Goyal
(Expert) 29 September 2016
You said:
Sir, do you feel that my earlier counsel has needlessly made the case chronic ?
What can I do to immediately get in touch with my son ? Please suggest.
Reply:
1. Your lawyer has to follow court rules and procedure while protecting your interest. No personal gain to him.
2. Can file application / petition for permanent custody and meanwhile visitation rights.
You said:
Son is with his mother, my wife. He is 11. No the court has not.
Reply:
The welfare of son would be main concern before the court.
Rajendra K Goyal
(Expert) 29 September 2016
You said:
Can't I have the right to 100% custody of child ? I hope I can file for that ?
Reply:
You should prey the court accordingly. Decision would be on merits.
You said:
Ok. One more query sir, can a lawyer engaged by a party, make a turn around and completely be non responsive to the party and/or start helping the opponent party ? If yes, how to verify n validate that ?
Reply:
Either believe in your lawyer or change him.
Rajendra K Goyal
(Expert) 29 September 2016
You said:
The reason I might be projecting to be restless is solely because it has been 19 months, that I have had any contact/ communication with my son.
In spite of reminding the same to my counsel and he himself being evidence to the same no action is being taken to bridge any gaps with my child.
Reply:
Court case is time and cost consuming. Such contested cases may take 3-5 years or more. Can try for mutual consent divorce.
RB
(Querist) 29 September 2016
I do not want to get into divorce. I want my family back.
Guest
(Expert) 29 September 2016
If she is unwilling to come back even on RCR, you can't compel her against her wishes. Better try through elders of both the families for patch up, instead of fighting court cases, which can create more bitterness between you and your wife.
M V Gupta
(Expert) 30 September 2016
If the efforts made by u through elders fail, u may seek counselling through the court in the divorce case. Consult ur Lawyer.
Raj Kumar Makkad
(Expert) 30 September 2016
Your family can be brought back unitedly only on your sacrifice which should reflect in your actions. Generally it takes much time in disposal of the cases so better to amicably settle the issues.
RB
(Querist) 30 September 2016
What actions are you talking abt ? Please suggest Mr. Makkad. That will help me.
Guest
(Expert) 30 September 2016
Undue extension of thread of seemingly academic query by the author.
Raj Kumar Makkad
(Expert) 30 September 2016
You have already been replied very well. Further take advice from your lawyer or make PM to any of the lawyers you deem fit it you have any other genuine legal issue.
RB
(Querist) 01 October 2016
Thanks all for your valuable inputs.
Will attempt to incorporate the same.
RB
(Querist) 28 October 2016
What is the procedure of quashing the 498A in criminal/high court ?
Can the mere absence of my wife's family in repeated instances of appearance in criminal court be the reason for quashing the 498A ? Please suggest.
RB
(Querist) 28 October 2016
Please suggest.
Kuummaar AS
(Expert) 28 October 2016
RB,
AWOKEN AFTER 27 DAYS!
Guest
(Expert) 28 October 2016
Mr. RB,
Already suggested a lot more than due by the experts.
If not satisfied with your lawyer, better change him.
