Case against opp. party advocate
Ram Sowrya
(Querist) 10 March 2012
This query is : Resolved
Dear All,
Dispute: They wanted to me be in their (in-laws) house along with wife, leaving my old parents which could not be possible.
Brief:
Mine is love and inter caste marriage (Hindu marriage) in the month of June ‘2010. My wife’s Mother (my MIL) dislikes our marriage and especially my old parents. They wanted to me be in their (in-laws) house along with wife, leaving my old parents which could not be possible. No dowry given/taken @ time of marriage. Further, I had sent my wife to her parental home for her M.Sc. Project work in the month of Nov’ 2009. Before leaving she wrote a letter and gave to me that she is leaving on her own will.
Pre-498a
After gap of six months (in third week of month of May ‘ 2010) when I went back to bring my wife, they again asked me to be in their house and leave our old parents, which is difficult for me..
I was not allowed inside the house and they did not send my wife back with me and I could not see my wife that day. Then my FIL told he is helpless in this regard and told me to talk with his elder family member (Advocate Uncle of my wife).
To get my wife back immediately I Wrote letters to my wife’s Advocate Uncle with a copy to FIL/MIL/Other Uncle ( all the family members were present in our marriage) on the next day (May ‘ 2010) . Purportedly all the letters were rejected.
Again I Wrote letters to my wife’s Advocate Uncle with a copy to FIL/MIL/Other Uncle in the third week of May ‘ 2010 after going back. Purportedly again all the letters were rejected.
Post-498a
I was slapped with 498a in the fourth week of May ‘2010, which I came to know when police came to arrest me in the second week of June ‘ 2010.
Again I Wrote letters to my wife’s Advocate Uncle with a copy to my FIL/MIL/Other Uncle in the last week of May ‘ 2010 . All the letters were received by all.
Again I Wrote letters to my wife’s Advocate Uncle with a copy to my Wife/FIL/MIL/Other Uncle in the first week of June ‘ 2010 . Again all the letters were received by all.
The letter (which i wrote before-498a & after-498a) is all about that, I love my wife and want to take back my wife and I cant leave my wife and also to settle the dispute (mentioned above) by him ( elder family member & Advocate Uncle of my wife)
Further, wife filed Divorce & Maintenance suits in the third week of June ‘2010. For both the suits the counsel is my wife’s Advocate Uncle (elder member of family & who is present in the marriage)
In this connection, can I file a case against opposite Party Advocate (my wife’s Advocate Uncle) for concealing the information and encouraging litigation instead of settling the dispute.
If so, a case has to be filed in Bar Council of A.P. or any criminal case referred through court?
I have a proof (got under RTI Act) that,
letters before fling of 498a case were rejected by all of them and letters after filing of 498a case has been received/delivered by all of them.
Advices...
Guest
(Expert) 10 March 2012
Nothing prevents you to file a case against the advocate of the opposite party (your own estranged wife), provided you have enough money and time to waste just to fail in your attempt besides getting his attitude hardened against you to see you lose 498-a case also.
In fact, no law suit is likely to stand against your wife's advocate uncle, unless your own wife provides evidence of any pressurisation on her by her advocate uncle for instigating to file a 498-a case against you.
Further, your wife's advocate uncle, not being your own advocate, there is no likelihood of any case standing against him in the Bar Council also, as he can be held responsible for misconduct against his own client (your wife), not the opposite party (you) for not responding to the letters written by you, unless your wife directs him to give any response. However, in his individual capacity (not as an advocate), it is his own discretion to respond or not to respond to your letters, which you cannot compel him.
Deepak Nair
(Expert) 10 March 2012
Mr.Ram,
sorry to say that these are not fit grounds to take any action against a lawyer.
Raj Kumar Makkad
(Expert) 10 March 2012
After going through the detailed facts in your query, I find it nothing but a repetition of the miseries you are facing but these cannot become ground to initiate any action against the Advocate uncle of your wife.
Guest
(Expert) 10 March 2012
There is no professional misconduct disclosed from your query. More so you are not the party of the advocate to whom you about to attack or allege. you petition/suits against a opposite advocate will be rejected summarily at the admission/numbering stage itself. you are blaming an advocate by profession he is legally entitled to do so. You can fight against your wife not against her advocate. It only tells that you are having grudges upon the persons who are appearing on behalf of your wife. Better speak with your personally and settle the matter.
Shantilal Pandya
(Expert) 10 March 2012
No case of misconduct is made out against the advocate concerned.
though an advocate can be prosecuted for his misconduct by any body including his clients adversary!
ajay sethi
(Expert) 10 March 2012
an advocate has no personal interest in the case . his job is merely to defend his client .
in the present case advocate is related to your wife .he is merely apearing on your wife behalf and is not guilty of any misconduct
if your wife does not want to come back get a divorce by mutual consent rather than wasting time in litigation
Ram Sowrya
(Querist) 12 March 2012
with reference to above post
498a qot Quashed, wife got ex parte divorce and ex maintenance on her favour. Further, wife got married.
After resolving all my problems(498a, Div, Maint). I have posted the query for compaint against Opp Party Adovcate.
Now any further advices.
Deepak Nair
(Expert) 12 March 2012
There is no illegality in your wife's remarriage. After getting divorce, she is free to remarry.
