1-Husband has filed divorce in Family Court Jaipur.
2-I filed Maintainance under sec 24 HMA. A meagre monthly amount which is 2 percent of my husbands salary was granted to me and child and that too from date of order.A one time amount of meagre one thousand rupees was granted as Litigation expense.(order was passed after 16 months of filing the application).
3-My Family court lawyer sent me to a Highcourt lawyer who filed an appeal.
4-After one and half year case was listed in Jaipur Highcourt as husband would not not take summon etc.etc.
5-I was present on that date in Jaipur highcourt.Opposite party lawyer said that appeal against against section 24 order passed by Family Court is not maintainable in Rajasthan Highcourt giving an example of a Judgement of Rajasthan Highcourt .My lawyer argued that it is an old judgement and said that appeal is maintainable in Madras Highcourt,Uttarpradesh Highcourt etc but Hon'ble Double Bench said that decision of other Highcourts is not binding on them.My lawyer asked for another date so that he can read further and discuss once more and a date was granted to him.
6-I dont know why my lawyer filed an appeal to challenge a section 24 order passed by Family Court Jaipur when he knew that in Jaipur Bench of Rajasthan Highcourt an appeal is not maintainable.He has told me on next date in Highcourt my appeal will be rejected.He said now you can file a fresh Writ Petition which will be filed in front of a single Bench.
7-I consulted one Highcourt lawyer of my state who said on next date ask your lawyer to request the Hon'ble Double Bench to consider this present appeal as a writ petition and transfer it to a single bench.However my Rajasthan Highcourt lawyer got upset when i told him this and said Hon'ble Double Bench will not consider it and again said your appeal will be rejected on next date.
Is my Rajasthan Highcourt Lawyer misguiding me?? He is a competant lawyer and has won many cases yet in my case he did this.He wasted my time and money.Do I still have any remedy left?? Why should clients suffer for the mistakes of their lawyers?? Please Guide!!!!