498a
Vaseem Mustafa
(Querist) 20 July 2013
This query is : Resolved
In my 498A the next date is for X-examine of the witness,My lawyer is very busy on that day & will not be available in court so what can i do if witness are present can i request for next date to x-examine the witness and under which provision.Advise please
prabhakar singh
(Expert) 20 July 2013
It is yours lawyers' duty to manage adjournments.No adjournment would be granted on ground stated unless you show you were unaware of facts and were unable to engage an other lawyer timely.
Adjournments are not right but discretion of courts to be applied judicially is something respondents to a query must know before responses are advanced by them.
R.K Nanda
(Expert) 20 July 2013
yes, u can ask for date.
prabhakar singh
(Expert) 20 July 2013
Yes or No is business of those who do not know to read and write.
Adv Archana Deshmukh
(Expert) 20 July 2013
If your lawyer is busy, he can instruct his juniors to seek adjournment. It is his duty to see that proper application is preferred to the court to seek adjournment.
prabhakar singh
(Expert) 20 July 2013
Here comes a lawyer with all prudence.
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
I appreciate the senior experts in the forum.
The matter is simple. Adjournment is not right of the parties. Junior advocates can request court for adjournment.
Guest
(Expert) 21 July 2013
I stand by Shri Prabhakar Singh. The plea of your lawyer being very busy has no relevance in 498a case, if you are really not guilty. In principle, 498a cases should also be in his list of priorities.
Vaseem Mustafa
(Querist) 21 July 2013
Basically my Lawyer is working in other court & my case is another which some 20 KM from his court of working that is main reason,If witness are present can court grant next date without listing to witness
Guest
(Expert) 21 July 2013
Mr. Vaseem Mustafa,
The reason, as you quoted, "basically my Lawyer is working in other court & my case is another which some 20 KM from his court of working that is main reason," does not seem to be justified at least to me in 498a case.
If you and your advocate are not so serious about the case of 498a against you and are desirous of postponement, I feel, the other party seems to be reasonably aggrieved on your conjugal relations, rather than yourself.
So, instead of yourself seeking advice from experts here, you could better have asked your advocate to find solution to his own problem about his inability to attend your case.
Had both, you and your advocate, been so serious about 498a case, distance of 20KM would not have been a problem for him to attend your case.
Sudhir Kumar, Advocate
(Expert) 21 July 2013
choosing lawyer is your discretion giving adjournment is court's discretion.
Vaseem Mustafa
(Querist) 22 July 2013
Dhingra sir,I am always serious and want to be out of this trauma at an earliest.In last my lawyers was present but the witness were no where.
I would definitely act as per your advise sir.
Guest
(Expert) 22 July 2013
Dear Vaseem,
I am of the opinion, a person should not hire such a lawyer, who is unable to attend his case, except in the event of his being unwell or family compulsions.
Sudhir Kumar, Advocate
(Expert) 22 July 2013
who is to blame if you engaged a lawyer who cannot come to court?
V R SHROFF
(Expert) 02 August 2013
So, ultimately your Adjournment application is allowed by the court?
u shd hv asked ur advocate, instead of coming before us.
Adjournment is very common, and allowed 2-3 times without any problem. At the most, court will compel you to pay cost.
So don't worry,
