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Kavitha SG (Housework)     07 December 2018

Sec 125(3) query

Hello Team,

I have filed a crpc sec 125(3) case as there is a pendency of Rs. 8 lacs on my husband. He has filed his reply on the petition.

There was our application to issue warrant against him and it was for order but from last two dates the whole case documents was missing from the court.

Clerk said the case file is missplaced, now next date is on 10th Dec. I am continuously asking him to check for the case files but he is saying not getting the file.I have doubt on clerk.

Now my questions are;

1) Can I file any complaint against clerk for his irresponsible act.

2) After filing 125(3), what exaclty is the procedure to recover the amount as my lawyer is not conducting the procedure seriously.He did not mention into the court that the file is missing from last two dates and only taking dates.

Thanks in advance...



Learning

 6 Replies

Suri.Sravan Kumar (senior)     07 December 2018

first you must bring to the notice of the judge about misplacement of the file. If your Lawyer is not taking interest means something is happening behind your back. Be alert and try to appear personally on each and every hearing.

Kavitha SG (Housework)     07 December 2018

Thank you..Sir,

Even court is also not taking all these things seriously.

Please let me know the procedure for recovery under this section or any book name to check.

Suri.Sravan Kumar (senior)     07 December 2018

It is the duty of your counsel to bring to the notice of the judge about missing file. If the judge fails to take any action you can bring it to the notice of Chief Judge/Dist Judge of the court. Since your application is pending and unless the Judge issue order is order  you cannot recover the amount.

pl see that your Advocate attends the court on 10th and represent about missing of your file.

Kavitha SG (Housework)     07 December 2018

Thank you...Sir

I will make sure about all the facts.

Kumar Doab (FIN)     07 December 2018

You can benefit from above.

You may change your counsel.

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Siddharth Srivastava (Advocate)     07 December 2018

you donot have any independent right to file complaint against erring clerk. bring this fact to the knowledge of the judge. you can file execution petition for recover of arrears.

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