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postdivorce (none)     17 September 2009

Are really lawyers corrupt??(family court mainly)

my daughters case is of divorce in family court and her husband is suffering froma mental problem and under medication right from before mariage yet is difficult to prove. we finally settled for mutual consent and didnt take a penny from him. he for some reason is delaying in the divorce process everytime coming out with different reason to ask the next date.

Now its 1yr post the sigining of mutual consent still he comes in the court everyday and asks for excuse. Now we are approaching highcourt to expedite this case. One year delay in mutual consent divorce is mainly because our lawyer also isnt very keen on persuading the court to finish it fast or ask him what exactly is his problem? neither is our lawyer giving us any satisfactory answer. well interim maintainance also is not paid as my lawyer says now the matter is of mutual divorce so wait untill it finishes. How can the court be so lenient???

How can the lawyer not finish a matter of simple mutual consent. we have come to know that the opposite party( my daughters husband) is bribing everybody possible to delay the divorce in order to harrase the girl so that she loses interest in settling down again, as he wont be remarrying because of his mental handicap. our relative has seen him talking to our lawyer but our lawyer denies meeting him.

one fine day he decided to withdraw his mutual consent and the judge refused it as the grounds were not strong, and yet our lawyer didnt ask the court to pass the decree as per consent terms as we have complied with it completely. Instead he started forcing us to contest the matter and withdraw our consent. well infact the judge shouted at him saying that if  we (the applicant) wants to end the battle let them do so rather than keeping the fruitless litigation on.

My lawyer does not take my calls neither does he call us no matter how urgent the matter is.

The lawyer previous to this was also bought by him and he had wasted one yr prior to this year in just filing a maintainance etc.. And the opposite party the defendant (the mental guy) ha clearly told us before we filed the case that he'll never give divorce and he can buy the law because he has lot of money.

tell us are we wrong in judging our lawyer, please suggest a good lawyer who is honest and fights for justice and does not dance to the tunes of money.

 



Learning

 14 Replies

Prakash Yedhula (Lawyer)     17 September 2009

Continue with the present lawyer only if you have confidence and trust in him. This is the most important aspect in a  relationship between a lawyer and his client. It is unfortunate that in our present judicial set up, the case gets adjourned for no fault of the lawyer on certain occasions. Yet he takes the blame.

But as I said, it is upto you to trust your counsel.   

1 Like

postdivorce (none)     17 September 2009

We can see that all our lawyer has to do is to raise an objection to the opposite parties behaviour instead he is only ensuring that the opponent gets what he wants everytime...

instead we see the judge helping us and telling us clearly to change the lawyer as the judge told our lawyer last time to make an application in the court to pass a decree and court will consider yet our lawyer has been telling us to withdraw the consent and fight the case with the psycho.

Prakash Yedhula (Lawyer)     17 September 2009

 In such be the case,  you can change your counsel.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 September 2009

Yes. Mr.Y.Prakash brother advocate is true

postdivorce (none)     17 September 2009

Sir,

the main problem is i have already changed 2 lawyers in 2 yrs. The opponent has a way of bribing and keeping the matter on as he is filthy rich and he wants to teach us a lesson just by keeping the litigation on. He is not paying the maintanance yet he is getting date on date. This is true misuse of law at ones convinience. How can law be so cheap in the hands of money???

And now  how can we be sure that the forthcoming lawyer wont take money to dance to opponents tunes, Can anybody suggest an honest advocate who can fight to get my innocent daughter who was cheated by this man miserablly to get justice. Or would she be wasting the rest of her life just because her husband has lot of money to waste??

It has been 2.5 yrs the case is on despite the consent been signed a yr back, consent term, claim affidavit etc all is filed. Can this matter be taken to highcourt now, as there is no reason why the opponent shouldnt sign the divorce he is doing so only because he wants to harrase, is it now a ground for cruelty? as per our original cruelty petition?

PLEASE HELP WE NEED A LAWYER IN MUMBAI FAMILY COURT AND ALSO HIGH COURT

SANJEEV KUMAR (STUDENT)     19 September 2009

Dear USAofIndia

Pls change ur counsel/advocate and spend money on purchasing relevant books like CrPC or bare acts and study them. Donot always fully dependent on your lawyer. Present before court ur arguments. Since party in person can argue in court always. One your adovate shall know that you are aware of some law he will not indulge in such practices 


(Guest)

Mutual consent means mutual consent.  In the second motion, if one of the parties goes back from his consent, he has got a liberty to do so.  If he wants to contest the case, he has got a right to do so.  In mutual consent, maintenance is not possible.  (If I am wrong, kindly correct me).

Most of the times, the poor advocates receive the blame for inadequacies in the judicial system.  The advocates are scape goats.  Most of the clients treat them as bonded labour.  This attitude has to be changed.

Before putting any allegations against advocates, kindly read Section 13-B more particularly, sub-section (2) of that section.

If the judge says that he would grant divorce, despite the withdrawal of consent from husband, he may be playing for galleries because, his order will be challenged in the High Court and  the matter will be remanded.  

Vishwa (translator)     20 September 2009

 Dear Mr Prabhakar,

With due respect, you need not start shedding crocodile tears over the lot of lawyers who are having it good after all, with an ever expanding captive flood of new litigant clients. There is no law or order in this country and our lawyers are mainly responsible for that.

Having said this, I note nobody has addressed the original concern of USAofIndia, that is, collusion between lawyers. Yes, I woud say that it is quite possible. After all, cases come and go and the lawyers are always there, on one side or the other. 

If USAofIndia starts acting tough with this lawyer, ALL the lawyers in that court will refuse to accept his case!!!

Vishwa

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 September 2009

Send me your case detail, my associates in Mumbai will handle your case and as per law, in mutual consent case, if other party did not appear for consent for a long time of more than one year then court can conside the case under section 13 (a) and can grant divorce alongwith maintenance etc.

So dont worry, fist send ur detail then i will send ur matter to my associates in Mumbai district and high court but as per my openion ur mattter will be solved in district court only and within few days and u dont need to go to high court.

but to take the no objection from your earlier advocate is ur duty.

Regards
adv.kamal.grover@gmail.com

09814110005


(Guest)

Just quoting example from this forum itself.

https://www.lawyersclubindia.com/experts/Are-these-real-law-experts--677466.asp


(Guest)

Last date he did not give fees.  So I wont come.  You attend and take date.  Even on next time if he don’t give fees.  You don’t come.  I will attend and take date.  This is how lawyers make fees and make the litigants roam to court.

Ravi (a)     06 April 2018

some say trust your lawyer fully without a second thought while some say dont trust your lawyer. trusting a lawyer depends on the situationa and the client's experience fully. there is no direct or thumb rule. let me tell you my experience.

i believed in my divorce lawyer fully because he knows he to market himself as if he was trustworthy. but little did i know that this guy cheats me later. he was so clever to act but behind, he mixed up with opposite lawyer and they both became one in sec24HMA. due to huge order in sec24HMA maintenace, my wife used to pay both the lawyers monthly and my dirty lawyer got monthly income. later, i came to know about it very late when few advocates told me why i didnt mention my salarly in the counter petition else it will be just the blind game. I couldnt take any step because he acted so innocent before me and it was at the stage very close to judgement.

tell me now should i trust the next lawyer now?


(Guest)
Originally posted by : Ravi
some say trust your lawyer fully without a second thought while some say dont trust your lawyer. trusting a lawyer depends on the situationa and the client's experience fully. there is no direct or thumb rule. let me tell you my experience.

i believed in my divorce lawyer fully because he knows he to market himself as if he was trustworthy. but little did i know that this guy cheats me later. he was so clever to act but behind, he mixed up with opposite lawyer and they both became one in sec24HMA. due to huge order in sec24HMA maintenace, my wife used to pay both the lawyers monthly and my dirty lawyer got monthly income. later, i came to know about it very late when few advocates told me why i didnt mention my salarly in the counter petition else it will be just the blind game. I couldnt take any step because he acted so innocent before me and it was at the stage very close to judgement.

tell me now should i trust the next lawyer now?

Any advocate whether experienced or inexperienced the moment you tell your story, he knows how the case will end. In his mind he already knows whether case win or lose. So that you wont come to know ever. You are in blind like many others who file case by hiring lawyer. Lawyers  make money like this only. Case which they can win they will drag to gain more money. Case which they cant win, they take up and drag and ultimately lose and ask to go for appeal.  One main drawback from standpoint of judiciary to common man is, no rules are followed in courts.  There is supreme court, supreme court passes thousands of orders, they should all be follwed by junior courts. But nobody follows. Each court acts like supreme court of its own. In fact each advocate acts like chief justice of his own. Even sweepers and attenders and scrutinizing officers, shirrestedars, bench clerks all act like lords.  Nobody listen to noone.  Everyone has his own view which is not agreed by similar other people. Common man is simply following mirage in desert.  For common man, for lay man courts are institutions of justice. Temples of justice.  But it is not like that.  No rules aer followed. If you question anything even if there is corresponding law you are doomed. First of all you are doomed and then you think that you will get justice from court and approach advocate. When judiciary system tiself is like this, it is worse than lottery picking that you get justice.  On top of everything judges have discretionary power, that is over and above any law. So you decide whther to hire new lawyer or forget getting justice from court.  4 SC judges have problem with CJI Deepak Misra, that itself is bigger answre for your question than anything else.

 

Kumar...... (occupation )     07 April 2018

Originally posted by : Adv Kamakshi (Nellore)
Not all are honest.  Only few are Honest. Most of them are corrupt. Say 90 out of 100 are courrpt in toher courts. In family courts what I have observed is all advocates are corrupt. 101%..

 

even you are named and shamed here

https://www.lawyersclubindia.com/experts/Are-these-real-law-experts--677466.asp.

there is indirect reference to you Adv K..... from Nellore 


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