Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Die Hard (business)     08 October 2014

Lawyer's mistake while getting ab

Experts,

I need advise fighting false 498a initiated by wife. FIR has not been filed yet. However I got AB from HC based on CSR by IO. My lawyer took care of everything to get AB, he just asked money and a week after that he said AB is granted and i was feeling relieved. Now after 3 months,  when i look at the reason which the lawyer stated for getting AB, i was shocked to see that lawyer mentioned that my wife hide her 1st marriage (which is not true). When i went back and asked the lawyer why did he furnish false information, he said it doesnt matter as it's already granted. Is this true?  It's second marriage for both me and wife and we both know about it prior our marriage. Noone concealed the facts. I'm worried what if my wife use this against me. I immediately fired my lawyer. Please advise what wife and father-in-law do with this mistake by lawyer? He could have stated the actual reason (family dispute) in AB petition instead of a lie, am i in trouble now? Please advise.



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 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2014

No need to worry, it is not your fault and the court can not penalize anybody due to lawyer's mistake

Die Hard (business)     08 October 2014

Thank you! Can my wife use this against me in other cases (498a) statiing that I got AB through misrepresentation of facts? Can she appeal AB which was already granted in HC? If so, How can i prepare myself? FIR has not been filed yet but wife has moved to court to get direction to file FIR as police is not interested to move ahead as they know the allegations are false.

Kapil Chandna (Lawyer at Supreme Court of India)     08 October 2014

She can definitely use and get the same cancelled, because the same has been taken on false grounds. Adv kapil chandna, 9899011450

Die Hard (business)     09 October 2014

@Kapil thanks for your response. This is clearly advocate's mistake which i can prove because during the very first enquiry at CAW cell in my statement i've furnished in writing that we both are divorcees. I got AB after that enquiry. The stupid lawyer entered the marriage date even wrong in the AB petition.

Since AB is already granted in HC, does she have to go to Supreme court now to cancel AB or can she cancel in the HC itself?

Could you please advise how i can defend?  

Thanks in advance.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 October 2014

Die Hard,

 

You are behaving as if everything your wife has written in the FIR is gospel truth. "She hid her first marriage", can later be treated as She hid her marriage at the time of initiation of courtship to till marriage or any other specified time.

 

Once bail is granted; it becomes difficult to get it cancelled. Don't get paranoid; start preparing to fight the case on merits.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

Die Hard (business)     11 October 2014

@Shonee ji, Thanks for your response. I personally do not want to give contradictory statements in court that could backfire on me later. If raised as an issue during court proceedings in future, i will try to convince the judge that it's a mistake in the part of lawyer showing valid evidence, if judge is still not convinced then let them cancel the AB. I'll try to reapply again without any lawyer.. but still if they want to send me to jail just because i lied to get AB, let them put me in jail .. but i will contest all her false cases on merit when i come out on bail. 

If wife wants to cancel AB, is it possible to do it in highcourt itself or does she have to do it in Supreme court? please advise.

@Shonee ji, could you please spend a minute by taking a look at my story below and offer your advice and strategy for this fellow sufferer? Thanks in advance.

https://www.lawyersclubindia.com/forum/Blackmail-to-give-divorce-on-impotency-ground-using-498a-109372.asp#.VDh7Lvl4qQM

T. Kalaiselvan, Advocate (Advocate)     25 October 2014

In my opinion, you do not have to be so much worried abut this issue.  In fact your lawyer has helped you out in getting AB, you should thank him.  You know your wife has filed a case with full of false contents, then one lie from your side cannot be challenged by her.  It is a tit for tat situation.  Even if she approaches for cancellation of bail, you can very well maintain the lie as truth because of the intervening fact that she has approached the court with bag full of blatant lies against you.  So dont make such a huge hue and cry over this silly issue, instead concentrate on further issues.

Madhu Mittal (Director)     27 October 2014

Respected  Sir.

please let me know full form of csr by IO.

Die Hard (business)     27 October 2014

CSR means Community Service Register.. after filing a police complaint, csr is like a receipt which is used as proof of filing complaint in police station

IO means investigation officer.

Hope this helps!


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