498a,406
Dharmender
(Querist) 04 April 2013
This query is : Resolved
My wife has filed cases under 498a and 406 and under other IPC. in Nov 2007 I went to allahabad high court for quashing which was sent for mediation and mediation failed. When it came for hearing my lawyer moved and illness slip and interim stay was vacated in Feb 2011. I hired new laywer and he moved Recall application. On 18 Mar 2013 my lawyer was there and the junior of my previous lawyer also appeared without my knowledge. He was not appearing earlier. Suddenly after four years he appeared and asked for list in next cause list. My present lasywer said he want to argue for Recall application. My wife laywer was absent. Judge said 2 lawyers from applicant have appeared and saying two things. He ordeered to list in next cause list. On 3 Apr 2013 my present laywer appeared but my wife laywer was absent. My laywer wanted to argue for reclall appliaction. Judge said as opposite lawyer is absent he cant listen the case. He asked my lawyer to server notice to opposite lawyer to appear else it will one-sided.My lawyer said if he dont reive notice then what will happen. Judge didnot listen my lawyers words and he ordered for next date.
What are the remedies for me now
How can I fight the case. Can I submit the arguments under sec 314 to ensure that Judge order on that basis. What if Judge refuse to take the arguments under sec. 314.
ajay sethi
(Expert) 04 April 2013
judge has granted time so that tomorrow your wife lawyer cannot raise grievance that he was not heard and order passed in absence . if on next date other side lawyer does not appear court will hear arguments and pass appropriate order
Nadeem Qureshi
(Expert) 04 April 2013
Dear Querist
I agree with expert, on the next date of hearing you or your lawyer can approach the court to pass an order in her lawyer's absence, the court may hear you in his/her absence.
Feel Free to Call
Nadeem Qureshi Adv.
Devajyoti Barman
(Expert) 04 April 2013
You are asking too many things. Since judge asked to come again after service of notice, comply that and then argue the matter.
