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anantha madhav (ARM)     20 November 2010

Complaint/Action on Wife/Laywer/Postman

Hello LCI,

I filed RCR party in person, two adjournments are over but still the status in court is “awaiting response” for my RCR noticed served through Court. Now I am ready for third adjournment

It is more than 45 days, how can my wife’s lawyer manage post man,

is it possible to manage the post man?

Where does it lie?

Where would be lying??

With the Wife/Wife’s Lawyer/Postman

 

 

In this scenario,

Can I give complaint on my Wife?

Can I give complaint on my Wife’s Lawyer??

Can I give complaint on the area post Man???

 

 

Any other better solutions to make them attend for the next adjournament

 

 

 



Learning

 24 Replies

Roshni B.. (For justice and dignity)     20 November 2010

i am not so sure if this is the right advice.

u can write to the post office's postmaster,quoting the registry no.,attaching the copy of slip you receive when u send a registered letter  to ask status.

adv. rajeev ( rajoo ) (practicing advocate)     20 November 2010

You said " can i give a complaint on my wife's lawyers"  Let me know whether he has appeared in your case, if he has appeared what is the necessity of complaint against him and postman.  If the stage is for return of summons You will have to wait for the service of summons.

You cannot lodge a complaint before the superintendent of police because you have taken only steps to send the notice , but notice is sent thru., the court.

If notice is not served are still awaited you cannot take any steps.  If you have not sent the notice thru., regd., a.d then send the regd. A.D. notice.

adv. rajeev ( rajoo ) (practicing advocate)     20 November 2010

Some times postal acknowledgments will return lately.

R.Ramachandran (Advocate)     20 November 2010

Dear Mr. Anantha,

I think that this is the first time ever that you have gone to the Court.  Otherwise you would not be reacting like this.  You are getting frustrated just on third adjournment.  There are many more such occasions would arise.  Please remain calm.  You have filed RCR.  The other party is to reply.    Now you are suspecting that the postman has not delivered the notice or the opposite lawyer has managed with the postman to delay the delivery of the mail.  It might have happened or it might just be your imagination.  Quite possibly even after receipt of the mail, the opposite party would be not appearing before the Court.  They may put up an appearance at a belated stage and give some plausible explanations for not making an appearance earlier.  The court may agree or may not agree with their reasons. 

Please be assured that the opposite party would play all the tricks in the book.  Having gone to the court you have no other choice than to remain patient and bide your time. 

Arup (UNEMPLOYED)     20 November 2010

is it possible to manage the post man? - YES, A COMMON PICTURE.

Where does it lie? MIGHT BE. AS A PARTY IN PERSON YOU HAVE THE RIGHT TO CHECK YOUR FILES AT COURT ON THE DATE. EVEN YOU CAN INSPECT THE FILES AT COURT IN ANY WORKING DAY. AFTER CHECKING U WILL COME TO KNOW - WHAT IS GOING ON THERE.  

Where would be lying??   -- AT COURT EVERYTHING IS IN WRITTING. CAREFULLY CHECK IT, YOU WILL UNDERSTAND. IF YOU FIND ANY FALSE OR FAULT - BRING IT TO THE KNOWLEDGE OF COURT. YOU MAY TAKE HELP OF COURT CLERKS ALSO ON FRIENDLY TERMS.

With the Wife/Wife’s Lawyer/Postman -- FIRST GET IT CHECKED THEN DECIDE. YOU HAVE THE RIGHT TO COMPLAIN, BUT BEFORE THAT YOU DECIDE - WHAT WILL BE YOUR COMPLAIN.

Avnish Kaur (Consultant)     20 November 2010

try dasti summoms next time.

1 Like

anantha madhav (ARM)     20 November 2010

Dear all thanks for your replies

@Avnish kaur 

i heard dasti summmons in only for witnesses, but here my wife is respondent 

To be more precise, what exactly is DASTI SUMMONS and what is the proceedure to sent a

notice through DASTI SUMMONS

 

RGDS

Vishnu Promod Srivastava (TAX CONSULTANT)     20 November 2010

Mr. R. Ramachandaran Advocate has rightly advised . the opp. party may apply all the tacts to delay the case. You may have to be patient. You may also try to get the summon served personally (dasti )

Vishnu P. Srivastava Advocate

anantha madhav (ARM)     21 November 2010

Dear all thanks for your replies

@Rajoo

"Let me know whether he has appeared in your case":

                              -   he(lawyer) nor my wife did not appear for the adjournaments

 

"If you have not sent the notice thru., regd., a.d then send the regd. A.D. notice:

                               -   the notice has served through Regd A.D.

 

@vishnu

"the opp. party may apply all the tacts to delay the case".

                         -  what would be tha tacts in this case, so that i would try re-solve!!!

 

Now some more better suggestions please.....

 

Rgds

manish kumar (Lawyer)     21 November 2010

no suggestion better than already given. what did you think? You will get relief in 15 days from court of law? without opportunity to other side? Why don't you compromise with your wife?

anantha madhav (ARM)     21 November 2010

Dear manish,

I believe re-union is better word than compromise if  i am not wrong,  to re-union my family  insittution i have filed RCR[to avoid third parties(lawyer), as my wife's lawyer is colluded with my lawery]  party in person. 

I always want to keep my matrimonial home well,and my eager is to see my wife in the next adjournament and pray judge for in camera proceedings for us.

 

now advice

1 Like

Avnish Kaur (Consultant)     21 November 2010

change lawyer, find a honest but cunning advocate . he will do everything including dasti.

Roshni B.. (For justice and dignity)     21 November 2010

Where can one find cunning but honest advocate?

any advocate a person goes to initially promises many things...later on,the true colours come out..

so how to make out if the advocate will remain faithful and passionate in the case forever or not? what's the guru mantra to know?

Avnish Kaur (Consultant)     21 November 2010

madam ji it is by reference only u will get such an advocate, only some old client can give u such a reference. word of mouth.

we talk only about corrupt advocates but there are too many good advocates too. they will never sellout.

court cases are fought like war only u can have good merits but still losse case because of a bad advocate.

reminds me of a movie 36chinatown dialoague by jagira Dacoit "mere jesa jigra to rakhte ho, hathiyaar bhi le aaye  per kaminapan kahan se laoge". this kaminapan is key to winning civil cases.

pls dont get offended by use of word kaminapan, its cunningness , ability to anticipate ur opponents future action and remedial action taken beforehand to correct it.

1 Like

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