Court permission
Querist :
Anonymous
(Querist) 22 August 2023
This query is : Resolved
My neighbor could not afford to engage an advocate for her maintenance case to be filed against her husband for maintenance and got help of District Legal Services Authority, which provided her a lady advocate free of cost. The Petition for maintenance was filed and thereafter the lady advocate showed no interest in the case. The lady advocate refused to meet my neighbor.
Recently, it has come to that Notice that
1. in January, 2023, her husband filed his reply, copy of which was not provided by the lady advocate to mu neighbor, and on the same day the Court order filing of Replication with 15 days, which was not filed as the lady advocate neither provided copy of reply nor informed her of this Order about filing of Replication.
2. Later on, in May, 2023, the court ordered filing of Evidence affidavit by my neighbor within 4 weeks, which also was not filed as the lady advocate did not inform her of the same.
REQUESTS
The Next date of hearing is very near. Please advice
a) whether my neighbor can file Replication and Evidence Affidavit on this next date of hearing and, if so, how she can do so. If any application to the Court is to be filed with Replication and Evidence Affidavit for seeking permission of the Court, please provide a specimen of the Application.
b) Whether my neighbor can take any action against the lady advocate, who has brought her to this situation and spoiled her case.
kavksatyanarayana
(Expert) 22 August 2023
She may submit her written statement in court directly. She shall submit to the Free Legal Aid Service authority that the lady advocate allotted to her is not cooperating in the case.
kavksatyanarayana
(Expert) 22 August 2023
Sorry, she can ask for time to submit a written statement as the lady advocate has not informed the date of the hearing.
Advocate Bhartesh goyal
(Expert) 23 August 2023
Yes,you need to seek permission from court to file replica and evidence affidavit.File an application stating therein reasons due to which you could not submit replica and evidence affidavit in time.
T. Kalaiselvan, Advocate
(Expert) 24 August 2023
1. The time granted by the court to file replication to his counter over and the court closed that stage and posted the matter for trial by which the court has passed an order to file the evidence from her side.
Now she can straightaway file her chief evidence by an affidavit on the next date of hearing.
2. She can inform the Secretary, district legal services authority about this casual attitude and negligent attitude of the advocate appointed to take up her case at free of cost and can ask for change of advocate or to engage an advocate on her own.
P. Venu
(Expert) 30 August 2023
What is the case Number? Which Court? It is not that replication need to be filed in each and every case.
