Shekhar Gupta 13 October 2018

Can i tell this to judge?

I have filed divorce case under Hindu Marriage Act. Case is going on since past 6 years. I want to settle the matter and hence asked my advocate to talk to the opposite party advocate for settlement.

He told he will talk and called us to court complex. That day there was no date but we went, he had called the opposite party advocate, both spoke for few minutes and then he came back and told us to wait inside family court. I had gone along with my father. I had met with a horrible accident during this time and am crippled. I was just out of the hospital 1 week earlier to this and could not stand, such was my plight.

So we went to sit inside family court. The court was not in session and it was empty. We were waiting inside the family court for our advocate to come back to us, at that point the opposite party advocates junior came and threatened me to kill me.

He was drunk and at this juncture our advocate saw this and came to rescue.

I feel that the opposite party advocates junior is having some connection with my wife.

And my divorce case cross examination is on next date. What action can I take against this advocate. Can Bar Council of India help me in this regard? or judge can help me?

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Vijay Raj Mahajan (Advocate) 13 October 2018

Let your advocate take care of this on your behalf, if the opposite counsel or his junior coming drunk in court premises that is extreme act of professional misconduct for which action should be taken by Bar Council of the State however at that point of time no action taken, nor his medical conducted hence this complaint with Bar will not be taken seriously. The settlement of divorce case can be through Family Court presiding judge as its his legal responsibility so ask the judge directly for it rather asking opposite counsel. The judge can always sit with both parties in his chamber and workout a compromise, without the interference of counsel's of both parties. The financial interest of advocates of both parties are at stake hence they hardly show interest in settlement of the cases which are pending in courts for such a long period of time, after all they are professionals.