crpc.125 - exparte passed
Ram
(Querist) 05 November 2009
This query is : Resolved
my advocate could not file petition for one hearing for Maintenance case, so exparte order passed and hearing posted for exparte evidence. I attended hearing and filed set-aside petition. Petition was allowed and served to wife.
Please advice
1) if wife says 'objection' for set-aside petition, will the court pass interim maintenance?
2) my advocate could not file petition due to advocate boy-cot. is it valid reason?
3) Do I need to take doctor certificate with me?
4) The reason for not attending the hearing is true, will the court accept and set aside the exparte order?
Thanks in Advance
Ram
adv. rajeev ( rajoo )
(Expert) 05 November 2009
I think your wife may not say no objection to your application.
it is court discreationary power to allow your application.
it may allow your application on payment of cost.
If your application is not allowed it is good ground in the revision petition.
offcourse advocates boycot is not a good ground, but in evitable.
Raj Kumar Makkad
(Expert) 05 November 2009
1. ont expect no objection at least from litigating wife.
2.Advocates cant go on strike and strike is not their right but this fact cannot be brought on file of the court and this is not a legal reason for non apprearance.
3. if you can take a certificate from the doctor, it shall definitely beneficial for you if you have taken the reason of your non appearance due to your illness.
4. Generally courts set aside the ex-parte orders in such cases subject to imposing some cost.
Shivasurya
(Expert) 05 November 2009
Mr. Ram, if you filed the set-aside petition in time without delay, the court shall definetly allow the petition, it is mandatory to the court to allow the set-aside petition for the exparte order and more over if you filed medical certificate for non appearance on the particular date is valid ground for allowing set aside petition. So don't worry your petition will be allowed even your wife made objections
Adv. Biju Gopal
(Expert) 05 November 2009
Mr. Ram,
You have already appointed a lawyer. Please dont't take advise from others. Please rely upon the advocate to whom you have given vakalath. Any body can give advise, but only your advocate will be responsible to you. If you are not satisfied with him, just change the vakalath.
Adv. Biju Gopal
www.familylawyers.in
bhupender sharma
(Expert) 05 November 2009
Mr. Ram
1.the petition is to be presented by applicant who require maintenance.
2.The reply / written statement is to be filed on your behalf for reply / rebutting the same.
3.Mr. Ram there may be compelling reasons for not appearing before the court as the association of advocate to which he is associated may have called for by- cot as u stated therefore u ought to have co operate with the counsel.
4. So far as the ex- parte is concerned the same may be set aside at any stage after filing a formal application for setting aside the same in this regard.
5. U ought not to have lost faith on your advocate it is the duty as well as obligation towards the client of the advocate concerned.
6.So far as the wife's objection is concerned she is not supposed to file the same as the said application appears to have been filed for setting aside and same has been allowed.
7. So far as the interim maintenance if the marriage is not disputed by u then u are under obligation to maintain your wife in all the circumstances.
a.manoharan
(Expert) 05 November 2009
Mr. Ram,
Adv. Biju Gopal is very right
Ram
(Querist) 05 November 2009
Thanks to you all for suggestions.
I'm grateful to you all
neeraj
(Expert) 06 November 2009
I do not agree with Shri Biju Gopal,
Case is between litigants and not lawyers. A lwyer fights on the behalf of the client and if a lawyer committs a mistake (no knowingly) it is the client who will suffer.
There is no point of responsibility. A client need to gain knowledge about procedures as he knows the facts of the case than anyone. How can we define responsibility: Can a lawyer go to jail on behalf of his/her client for a fault of his/her own?
There is no compensation to the client for lawyer's fault.
Then what is the need of this forum, if a client should only trust his/her lawyer blindly???
neeraj
(Expert) 06 November 2009
Moreover, i am not in favour of any advertisement (www.familylawyers.in) in this forum where the aim is to help the needy.
Arvind Singh Chauhan
(Expert) 07 November 2009
Do whatever your lawyer advice he can do much better than others, Because he know the facts better. If your application is rejected you have remedy to file revision against the rejection. If you have filed the restoration petetion, there is no question of granting interim maintenance untill restoration application is disposed.
Adv. Biju Gopal
(Expert) 09 November 2009
Thank You Neeraj,
You are the only person able to advice me so. Because you have not disclosed your identity.
Some people may get advise through Internet or from other sources. They get advise on general matters. But on the light of these advise they may insist the lawyer to do something which may harmful for their case. I have faced this situation at many occasions.
I am very proud to say my website name because it is part of my address. It contains details of few efficient lawyers in Kerala only. I would like to include details of lawyers all over India. Only consideration is quality of work done by them. Mr. Neeraj also can help me in this matter. I would like to give better service to the client with the help of the development in IT.
Adv. Biju Gopal
www.familylawyers.in
Dr. Jyothi Vishwanath
(Expert) 13 November 2009
advocates boycot is not a good ground for not filing the petition since even during the advocates boycott, the client is not prevented from entering the court and filing the petition himself. the court may allow your petition in the interest of justice.
Dr. Jyothi Vishwanath
(Expert) 13 November 2009
advocates boycot is not a good ground for not filing the petition since even during the advocates boycott, the client is not prevented from entering the court and filing the petition himself. the court may allow your petition in the interest of justice.
Gaurang S. Rangunwala
(Expert) 11 December 2009
Mr. Ram -I am agree with Mr. Arvind and if Advocate boy cot/strike for some reason he know the further procidure in your case that how to hendle your case, when u hire advocate-trust him, advocate works for you and for your benefit. You should ask and follow your advocate.
