Regarding section 125(3)
Nirav sharma
(Querist) 07 October 2019
This query is : Resolved
Hello experts
In may 2018 trial court passed an order for paying maintenance of rs. 7000 pm to my wife with effect from march 2016 onwards. In march and april 2016 my wife had transferred more than rs. 5.50 lakhs from my account to her own account in my absence by cheques signed by me. I had submitted the evidence in the court but due to non availability of leave from job i was unable to be present on many court dates. My wife got the evidence de-exhibited. Now through another lawyer i have applied in high court for taking the amount she has already taken into consideration. I want to know whether on submitting application in high court do we get an acknowledgement or receipt of it since my lawyer has not given me any document. Also my wife has filed case for recovery of maintenance amount so i have to pay the outstanding amount too. Please guide me. I had approached lawyer for high court in june 2018 itself but he didnt do anyting and only last month made me sign the Vakilatpatra. He is handling 4 other cases so i cannot spoil matters with him. Will the delay affect my case?
SHIRISH PAWAR, 7738990900
(Expert) 07 October 2019
Dear Mr. Nirav,
You will not get acknowledgement from court, but you have to apply for certified copy from court. As you have already appointed advocate you have to follow his advice and if you are not satisfy with his advice you can change the advocate.
Regards,
Dr J C Vashista
(Expert) 10 October 2019
The facts posted by you are vague and confusing.
Your lawyer is the only and best person to resolve your problem/doubts, who is well aware about the facts and circumstances of the case(s) and an able, competent and intelligent enough, you should have faith in him/her.
However, if you have lost faith in your lawyer change him/her immediately.
krishna mohan
(Expert) 11 October 2019
You can consult with your lawyer on filing appeal. Once case is admitted matter will be subjudice and go as per the advise of your lawyer. If not consult another lawyer with all documents with you to assess yourself the legality of the case and proceed. It is impossible for experts to give opinion without perusing any document or knowing the factual situation.
