Dv act

Querist : Anonymous (Querist) 08 September 2018 This query is : Resolved
Respected sir/madam
A case in the dv act was filed by my sister in law against us in the month of March 2018.Both my parents and three of us brother's (second eldest is the husband) had been made parties.We collected the summons sent to our house by post and 4th August 2018 was fixed for hearing.I hired a local lawyer and he got signatures of the in-laws(4 of us) on one vakalatnama and the husband's signature on a different vakalatnama for appearance on our behalf.He appeared on our behalf and told us that 6th September 2018 has been fixed for filing written objections.He told me to get it prepared by a senior lawyer and give it to him for filing before 6th.However when I called him on 3rd sept for giving him the written objections he told me that a compromise has already been made.I told him that no such compromise has been made by us he told me to check the records and since then is avoiding me.Sensing that something is wrong I checked the records through an advocate on 6th and found that on 4th August 2018(1st date) itself my advocate didn't file the husband's vakalatnama and the case was proceeded ex parte against him while for us(other 4 inlaws)he got the date on 6th September for filing Written objections.Therafter my advocate without informing us put up a joint petition along with the petioner's counsel stating that a compromise was being initiated between both the parties and the petioner wants to withdraw the case.The magistrate hence sent both the parties for mediation to Dlsa on the same day at 4pm and asked the mediator to send his report.The mediator in his report states that both parties are personally present and a compromise has been worked out.My advocate has signed on the husband's behalf in the mediator's order and in the space for deponent's signature has forged the husband's signature.Subsequently the mediator's order was sent to the MAGISTRATE who disposed of the case on the grounds of compromise.
I request you to guide me that since no such compromise of any kind has been ever done by us or my brother what should we do in the present situation as my brother is unwilling to continue in the relationship.And if we are to appeal against the disposed case whom shall we appeal against and in which court.
Thanking u in Anticipation.

Follow Query

Report Abuse

Vijay Raj Mahajan (Expert) 09 September 2018
You should approach the Judicial Magistrate and inform his about the cheating and forgery committed by your lawyer and about the truth of the matter. Take help of senior and expert lawyer rather such inexperienced, junior lawyers who can cheat you.