Urgent Guidance Please!!
My wife lodged a complaint case in the distt court (UP) in July 2008 and ensured that no summon should reach me & my family ( residing in Haryana). Finally when NBW were issued against me and my family, we filed a plea in High Court (UP) for quashing the false complaint u/s 482a.Due to huge pendency of cases , our lawyer also filed transfer application on behalf of my mother & matter was transferred to mediation center on oct 2009, thereby providing us interim relief. After few days the case u/s 482a also was listed and it was also referred to mediation center. We submitted the DD of Rs 5000/- to our lawyer & kept waiting for dates but unfortunately neither the mediation center nor our lawyer intimate us on the dates and both the matters came back to high court on Sept 2010 saying that no party turned up.
My Query is
1. 482a: Our counsel has assured that he will try to refer the case back to mediation center, but in case he doesnt then will the high court refer it back to distt court. Usually what directives are given to Lower court ( bail on same day).Since the opponents are influential , can they be an impediment in getting the BOSD in distt court. I am told that at times the Bail on Same day is not granted, or there is a delayin the order copy & the accused are sent to Judicial Custody.Advice please.
2. TACR: Transfer application on behalf of my widow mother ( who resides in Haryana) and who is also not medically fit to travel. Can contesting on TACR provide certain relief? In what manner??
I have already spent 70k on one counsel and feel that his staff is not updating me timely. Also since they didnot inform me about the mediation dates i can anticipate them joining hands with opposite party. If you can also guide me any genuine lawyers in Allahabad HC, besides the above mentioned query,i shall be grateful.
