Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kishore Malhotra (Govt Job)     10 December 2014

Urgent advise needed in maintenance

Sir,

This forum helped me a lot in connection with cases filed against me and by me in matrimonial dispute.  Now I am in a serious trouble due to my advocate.

In brief I would say that my wife deserted with kids aged 6 and 4 years, when I attempted suicide after prolonged harrasment by my wife after seven years of marriage. She did not care for me when I was hospitalised, however she filed a case of maintenance under 125 soon after desertion in Nov 2013.  After discharge from Hospital firstly, I approached her parents through Gram Panchayat for amicable solution, for which they did not agree. Thereafter I approached District Women cell, where they did not appear, and then I filed Case of Child Custody and RCR. For six months respondent wife did not replied to RCR case and when the case was being decided ex-party, the filed written statement with lot of allegations like , myself is drunker, committed DV, demanded dowry and etc.  Thereafter, I withdraw RCR case and filed fresh petition for divorce.

The problem now is....till date I have changed three advocates within the period of 01 years no one acting honestly...what may the outcome of the cases but atleast they should attend the hearing.  In the month of Jun 2014 I changed the advocate since earlier one was not able to present the case properly....thereafter, four hearing has been held for which neither I was informed to attend the hearing nor my advocate attended the hearing. Now the Court is going to order an ex-party decision due non appearance.  I came to know when yesterday I tried to get the status of my case. When I asked my advocate about this..he simply replied it was happened by mistake.  Although I asked on each and every hearing abt the status for which he told that next hearing has been fixed.   I am surprised, how can an advocate be so irresponsible..  Where a victim has already recovered from the suicide tragedy....Is there no sympathy for  men.  

I request the legal professional to help me how can I now tackle the case ? Should there be an option to appear myself without my advocate and apprise the situation to court...or send an application by post in advance describing the factual position. It is also pertinent to mention here that I am serving in BSF and presently deployed at Jammu abt 150 Kms away from the court.  Whereas my respondent wife is just 5 Kms away from court.  I have to appear in three hearing every month which are difference Judges. for child custody I am appearing regularly sometimes twice in a month, since the matter of children's life. But I could appear in the last four hearing of maintenance case due to false assurance given my advocate.  

 

Please advice me wt should I do now....?  I am eagerly waiting for a favourable suggestions from the professionals..

 

Thanking you Sirs,



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register