Lalit (Senior Manager) 26 June 2011

Need advice. HC suspends Divorce.

Hi Forum,

Ex-husband requesting advice. Marriage unconsummated, granted divorce by FC for wife's cruelty plus desertion. She appealed in HC & got "interim suspension", suggesting faults with the FC.

Just discovered that my (present) Advocate, her new Advocate in HC and one of the two HC Judges (dealing my case) are all own (blood) brothers. I don't know what or whom to trust.

Now I don't want to engage any advocate in HC. I wish to speak for myself and present my defence, whatever best I can, in writing & orally.

Will I be given that opportunity ? Is it allowed ? Is it compulsory to engage an Advocate ? Can I officially file a simple straight reply to that effect ?

The notice asks to attend Court within 30 days failing which HC decision will be my absence. Can I put any written request for some more time ? Is it normally granted ?

The realy question is :

Do High Courts sincerely give quality time to go into details considering such appeals ?

Will HC decisions really be based on findings of the FC or will they be arbitrary or something else ? How is it in the real world of High Courts ?

Where can I get some more useful relevant exposure. Please suggest. Thanks in advance.

Lalit

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6 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 27 June 2011

Dear Querist,

It is prerogative as to whether you would want to advance your cause by an advocate or in-person. You may defend your case in HC as respondent-in-person. Law does not bar any such preference by you. Please note that you would all fair opportutnity to do so. Notice date can only be extended by the Hon'ble Court ONLY. You need to be present-in-person during the hearing date of which has already been fixed as shown in the Court's Notice received by you.

HC would, as a matter of practice and laws, certainly give you enough opportunity to you to defend yourself. HC court would certainly decide the matter on merits only.

Trust this would suffice.

1 Like

Janhavi (Resourcer) 27 June 2011

OMG

PEOPLE DECIDING ON LAW ARE ALL BLOOD RELATED. MAY BE IF DECISION IS OVERTURNED BY HC YOU WILL HAVE TO MOVE TO SC IF HC GIVES UNJUST DECISION.

DONT WORRY SC IS STILL THERE.

1 Like

Lalit (Senior Manager) 27 June 2011

Hello Nu.Delhi.Law.Fora. and Janhavi,

Thank you very much for your reply. It's great to hear that HC will decide the matter based on merits only ; and I could still approach the SC. Thanks.

Just one more thing. Regarding the maintenance case proceedings at Family Court. Even at FC can I defend myself as Respondent-in-person. If yes, how could I proceed on getting her cross-examed as PW1. She already filed the Evidence Affidavit.

Please advice. Thank you.

Lalit

9587744142ShivShanker saini (Advocate) 27 June 2011

her new Advocate in HC and one of the two HC Judges (dealing my case) are all own (blood) brothers. I don't know what or whom to trust.

make a complaint in this regard to the bar counsil and to the high court as well. so that advocate wd not appear on behalf of her or he will submit an application to transfer the from said bench to nother one09587744142

1 Like

Legal_Help (Consultant) 27 June 2011

Hi,

Similar thing has happened to me.... CJM court has taken the cogingence on the accussed after charge sheet was filed.. even trial court has framed the charge.

Accussed has moved to high courtt for quashing of FIR through a lawyer who was well known to the judge. Before being elevated to Judge, judge was that lawyer's colleague. As a result, judge quashed the entire FIR keeping aside charesheet etc.

Then I moved to Supreme Court. Supreme court found it as incorrect judgement n set aside high court orrder of quashing.

So, dont worry.. if HC does anything wrong then u can always move to supreme court.... I think its better for you to move supreme court.

1 Like

Lalit (Senior Manager) 27 June 2011

Hi Shiv & Rajeev,

Thanks very much. Your replies raise my hope for getting justice. Thanks.

Lalit