Misuse of Advocate 2 yeras old Notice.- URGENT
Querist :
Anonymous
(Querist) 31 December 2010
This query is : Resolved
Dear Sirs,
Mr.Husband and Mrs.Wife staying in Mumbai has a good marrige life of 20 years except for a 15 days i.e. 10 to 25 February 2009, when there was a little dispute between them. By that time, Mrs.Wife left the husband place and went to her Mother/Brothers house. As per the advise given by the Brothers/Sisters of Wife, they have approached one lady advocate for her advise in the matter. Advocate has advised them to issue one Notice to husband. However, without informing wife, advocate has directly sent a legal Notice to husband wherein advocate makes a shameful, false and baseless allegations on husband. When it comes to the knowledge of Wife, she got angry as to why and on whose consent this type of Notice has been sent. She immediately rushed to the Post Office and takes the delivery of the Letter of Notice sent to husband from post office directly so that such a type Notice does not reach in the hands of husband, so as to avoid the risk of divorce etc. Wife kept this Notice at her Mother/Brothers house on 19/02/2009. On 20/02/2009, the matter has been settled between husband-wife by the intevention of some relatives. There after, their life goes normal and happy. Till now, husband was not aware of any such development of notice etc. Advocate Notice was lying at wife Brother place.
However, yesterday i.e.30/12/2010, wife's younger Brother has sent the said notice dated 17/02/2009 (signed by advocate) directly to husband (By Registered Post) with some bad intention in his mind. The notice has come in the hands of husband. He has been shocked, but calm. Wife state that the contents of Notice has false and baseless and she has not given any such statement and any written / oral consent to advocate for sending such notice. It may have the idea of her Brothers/Sisters. Out of 20 years of Marriage life, wife has no relation with her Brothers/Sisters/Mother for almost 18 years, as her love marriage was not acceptable to them.
Sir, A) Does wife brother has any right to sent said advoacte notice dated 17/02/2009 to husband when they are living happily. Is any leagl action by husband and/or by wife is possible against wife brother for sending such a notice? If yes, under which act?
B) Notice signed by advocate on 17/02/2009 has a false and baseless conents without any consent by the wife. Dose any action against the said advocate is posible?
Please advise in the matter.
Thanking you.
abhishek
(Expert) 31 December 2010
HI,
as notice was served under the directions of Mrs. Wife that was clear from the notice itself, so no action can be taken against advocate and no further action taken on this notice.
NOW, the question is that any action taken against the brothers of Mrs. Wife, the brother has no right to send the said notice.AT THIS MOMENT NO ACTION CAN BE TAKEN AGAINST UR BROTHER BUT IF AGAIN HE WILL CAUSE SOMETHING ELSE U CAN FILE A FIR AGAINST HIM.
Querist :
Anonymous
(Querist) 31 December 2010
Thanks for your reply.
Sir, advocate has sent the letter withot the consent of my life as to the contents of the nature. My wife was completely unaware of what has been written in the latter. However, what is the intention of her brother to send the said 2 years old letter now. If he sends the such letters to nay of our relatives, there is a risk to my image in the society, as the contents of the letter has drwan me a very drastic. Can myself/my wife take any action under defermation act against her brother for his such act of sending advocate letter which based on false facts.
Please advise.
R.Ramachandran
(Expert) 31 December 2010
Dear Anonymous,
Let us not try to probe what is the intention of the brother of your wife in sending the notice now etc. etc. It will not lead you anywhere.
Since you and your wife are happy together, and your wife has said that she had not instructed any lawyer to issue any such notice, better ignore it. That is all to it.
Guest
(Expert) 31 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
KINDLY NOTE THAT
1.DISPUTED NOTICE IS SENT TO HUSBAND ,IT IS DATED TWO YEARS BACK.NOTICE PERIOD IS ALREADY OVER.ENTIRE FACTS ARE KNOWN TO WIFE AND ALSO TO THE HUSBAND. HENCE NO POINT IN UNNECESSARILY STARTING LEGAL BATTLE.AND DO NOT SPEND VALUABLE HARDEARNED MONEY AND DO NOT LOOSE YOUR MENTAL PEACE AND AVOID UNNECESSARY LITIGATIONS.
2.GOOD LUCK.
WITH BEST REGARD TO YOU YOUR FAMILY AND FRIENDS.GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT.ADVOCATE
