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Kinonessee (NA)     17 September 2012

Urgent help: lawyer missed argument session

Hi,

My father's Second wife has filed for maintenance in Family Court under Section 125(1) Cr PC 1973.

There was an argument session today, but somehow lawyer missed it. He had called me and said, "not sure what exactly was done, whether order was passed etc. Will check and update you tommorrow".

Will there be a chance to pass an order for maintenance directly for skipping an argument? OR We can have another date provided by Justice a possible without going?

What actually happens when an argument session is skipped?

 

Kindly guide me what are my next options incase order is passed? Urgent! Thanks a lot!

 

Thanks,

Shashank



Learning

 16 Replies

Anish Thakur 7018812737 (advocate)     17 September 2012

you can file revision petition .

Kinonessee (NA)     17 September 2012

Originally posted by : Anish Thakur 9459321520

you can file revision petition .

 

Thanks Anish. What exactly being done with Revision Petition? Is this filed within Family Court to review the order passed OR whether it will be filed in Higher court like sessions court and higher?

Really appreciate your help here.. Thanks!

Anish Thakur 7018812737 (advocate)     18 September 2012

in the family court to review the orders passed for maintenance.

stanley (Freedom)     18 September 2012

I dont think so the order has been passed as your lawyer has skipped only one day .Due process of court is complied up with both the parties most probally a next date must have been given for the argument . The clerk would be in a position to let you know if any order has been passed . In case a it has been passed you can go in for revision if not happy with the order . 

Naveen Kumar (service)     18 September 2012

U R Right Stanley,  

Kinonesse, Instead of getting tension why cant you check vt court diary, it's very simple.  Just ask the bench clerk or pending branch so they will help u.

Kinonessee (NA)     18 September 2012

Originally posted by : Naveen Kumar

U R Right Stanley,  

Kinonesse, Instead of getting tension why cant you check vt court diary, it's very simple.  Just ask the bench clerk or pending branch so they will help u.


Thank you. Problem was seems like Lawyer skipped previous session {opposite party argument was done} purposefully & yesterday's session was by mistake {suppose to be our argument}. This means He skipped 2 consecutive sessions. That's why I am worried a bit & wanted to have possibilities to plan things. Will try to drive in today to Court and check the details as well.

stanley (Freedom)     18 September 2012

Argument cannot take place with only one party being present:-) . Did the judge say that he is going ahead with the order as your counsel is not present ??  Although its the duty of your counsel to sumbit an application to the court through your father for not being present on that particular day !!.Dont get tensed up unnecessarily .If you are unhappy with your dad's lawyer change him .

needjustice (NA)     18 September 2012

Is it that easy to change lawyers?Generally speaking, lawyers take full payment of fees in cash (atleast as much as I know with regards to a case very close to me)and then they don't even bother to answer the phone call or message or mail.what can be done with such lawyers?As it is the victim would be hurt so much and these lawyers hurt all the more.. Since we would have paid their entire amount for the case if we change lawyer again burden of another payment..will it be possible to recover the amount paid to the first lawyer if we are unhappy?

stanley (Freedom)     18 September 2012

 

Originally posted by : needjustice


Is it that easy to change lawyers?

yes you can change your lawyer 

Generally speaking, lawyers take full payment of fees in cash (atleast as much as I know with regards to a case very close to me)and then they don't even bother to answer the phone call or message or mail.what can be done with such lawyers?

You have to negoitate for per hearing basis never make a full payment for a case than they would show you the above attitude .you can complain to the Bar  council but i dont think so it would help you much .

As it is the victim would be hurt so much and these lawyers hurt all the more.. Since we would have paid their entire amount for the case if we change lawyer again burden of another payment..will it be possible to recover the amount paid to the first lawyer if we are unhappy?

your query is covered in the above point . In the absence of any  agreement on what basis would you recover the above amount .

Kinonessee (NA)     18 September 2012

Originally posted by : stanley

Argument cannot take place with only one party being present:-) . Did the judge say that he is going ahead with the order as your counsel is not present ??  Although its the duty of your counsel to sumbit an application to the court through your father for not being present on that particular day !!.Dont get tensed up unnecessarily .If you are unhappy with your dad's lawyer change him .

I got information that Order date was set next month. Lawyer said He will file application to continue for arguments. I think i will have to personally take care of co-ordinate with lawyer on each proceedings to avoid such things in near future.

Does such things impact/considered in future hearings?

needjustice (NA)     18 September 2012

Hey stanley thanks,

 

Exactly my point...its happned now is there a way was what I was looking at..and also for the bar council help am truly not sure how much it would help.I suppose its just another wing 

needjustice (NA)     18 September 2012

Stanley,

 

Also the current lawyer would need to give a NO OBJECTION CERTIFICATE which is another mess...

Naveen Kumar (service)     19 September 2012

Hi Kino , at last you r relaxed now.  But keep tracking of your case yourself.

stanley (Freedom)     19 September 2012

Dear Kinonesse , 

There is no need of filing a application to continue for arguments your lawyer is bull sh*ting you .Your lawyer should be filing return arguments or should argue orally . But you can very well tell him to file written arguments as he would not be missing any points .

Dear Need Justice , 

As you have already paid him he has to give the NOC .Dont bother if he is not giving you the NOC  just go ahead and sign the new vakalatnama of the new lawyer . 

 


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