Recall of high court order- quash 498a

Querist : Anonymous (Querist) 28 October 2011 This query is : Resolved
I and my husband entered into a agreement in Mediation Centre to cpmpromise a 498A case that was filed by me one of the terms was that we will aply for a Mutual Consent divorce.

The papers for Mutual Consent divorce were prepared and signed by me but he was insisting on some clause of the petition to be changed and did not sign the petition.

In the meanwhile the 498A Case was quashed by High Court basis our settlement at Mediation centre. I had placed a objection in High Court that the case should not be quashed unless the MC divorce is filed by way of a Affidavit through my lawyer.

But it so happened that the case got listed and my lawyer was not present on that day so the case was quashed without looking into my affidavit to object.

My lawyer says he did not appear as his name did not appear in the cause list so he wasnt aware of listing.

Now it has been two months he is saying that he has applied for 'Recall' of the order for quashing but still he says it would take time.

Can anyone please advise what are the options available to me - Is 'Recall' possible or I need to follow some other way.
As my husband is not responding now.

what would happen after 'Recall' will the case again start in lower court or will the court give directions to him to apply for MC divorce now and Quash would remain valid.

Please advise.

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Devajyoti Barman (Expert) 28 October 2011
'Recall' is the only good option left to you.
Do not waste time anymore.
We are not in a position to know why the delay is occurring.
If you are aggrieved by the conduct of your present lawyer you can change him with another.

prabhakar singh (Expert) 28 October 2011
Yes ! rightly said ,recall is the only option
and if it has been filled as your lawyer states you can demand its number etc.And in case it is not filled you do need to file it as early as possible without any second thought.
What the High Court shall do on merit at the time of hearing should not worry you just now.

Shonee Kapoor (Expert) 28 October 2011
I believe the query has already been raised once before and the same has been advised in the past as well.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 29 October 2011
Do as advised without any further delay.

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