asmita0009
23 February 2016 at 23:06
I have filed complaint against my advocate in bar council. After hearing of both parties also since 2 years no order received or any feedback received. I have done so many follow ups with bar council. I want to get my fees back from advocate and want to give lesson to his irresponsible behavior. I have all documentary evidences . so confirm where I can file appeal OR Where will be the be the next steps?
asmita0009
21 April 2015 at 19:02
after getting final judgement in form of operative order i want to file writ in high court for not giving stage to file my affidavit and affidavits of my witnesses and given final judgement on false ground and i want to reopen stage in family court.so confirm how many days after getting operative order i should file this writ. still the final order is not ready. so confirm on urgent basis. some advocates saying 30 days and some are saying 90 days.
asmita0009
29 March 2015 at 13:06
in my family court case filed by my Husband for marraige null and voide . i had attended all most all court dates since 2009 thinking that at least matter will resolve and i will get justice. But then after order for maintenance and travelling expenses court had passed nominal amount and done serious technical mistakes in orders so i and filled writ in High court. But then on my another application for streedhan court had not taken up the matter on Board and since 2009 matter was pending and my advocate had also not taken up cross of the Petitioner my Husband on streedhan issue and Then she had withdrawn herself from this case due to her health problem. So i had given application in family court that i want to complete cross of the Petitioner. BUt court had rejected my application in month of Nov 2014.
then suddenly due to Pressure of high court family court the newly appointed judge had started to give fast court date and with in two months in jan 2015 given judgement in favour of my husband without giving me opportunity for filling affidavit of myself and my witnesses saying that closer had been all ready filed and now i can not file my affidavit. Then i hnd given application in the family court to give me opportunity for filling my affidavit ,arguments etc and also informed that my writ in High court is pending and domestic violence act is also going on. But court had not given me the opportunity and passed the order in favour of my husband. Here i want to say that i am attending this case in person due to bad experiences of advocates and coming form other state . But i was fully confident that i will win this case without advocate. But as there was not advocate i was always dependent on court site . then i found that the court site was not updated as per Rojanama and the stage chief of the Respondent not listed on court site . Moreover as per Rojanam the stage chief of the Respondent was at that time when position of Judge was vacant. Further after appointment of New Judge the stage was not listed on Board during court dates or in Rojanma or online court site. so the stage chief of the respondent is only listed in Rojanama when position of judge was vacant. So,.this was absolutely carelessness of family court and injustice to me. Now i had got operative order copy and but the advocate of my husband had submitted this in High court and due to this my writ for enhancement of maintenance and travelling expenses which is pending in Mumbai High court has infructruous and matter is dismissed as infructruous.
So, now please guide me what i can do in this matter now ? what are the options ? what i can do in matter of my Writ and DV case ? Kindly advice. So that i can take the decision to appoint advocate and take up the matter for further procedure.Meanwhile i ahd filed RTi first appeal to principal judged and demanded informations on this issues .
asmita0009
23 January 2015 at 22:34
during last court date i came to know that due to the fast court procedure of family court now the matter is final order stage and i could not submit my affidavit and other evidences and arguments as i am presenting my case in person in family court due to the irresponsible behaviour of my previous advocates.
so, now at this stage what are options for me to submit the affidavit of me and my witnesses and arguments?
asmita0009
12 January 2015 at 23:09
Please note that due to irresponsible behaviour of advocate i have decided to withdraw her from my family court case. I had decided to fight my case self. But as now due to the pressure of high court procedure the court is giving fast dates. So, i could not get time to study the laws references and could not do preparations properly. so now i have decided to appoint the advocate.
in this my family court case which is filed by my husband cross examination of the Petitioner and his witnesses is over and now the advocate of opposite side has filed her written argument on main petition on last date and when the Hon judge had suggested i had just made the arguments on few points. she told me that it is not required to file written argument now.
So, now I want to appoint new advocate and want to file written argument on main petition and my affidavit with evidences .
so, please confirm the stages :
i) filling of written argument on main petition.
ii) filling of my affidavit with evidences.
iii cross examination of me and my witnesses.
iv) final argument.
Also confirm if i am not submitting written argument may i can file direct final argument ?
please guide me urgent basis.
asmita0009
23 December 2014 at 21:22
In Domestic violence act with the Petition i have filed list of my streedhan and maintenance application. all most all jwellaries given to me by my parents at the time of marrige. Initially court had suggested me and my advocate that the maintenance and streedhan matter to take up with entire case and ensure me that court will take up my matter fast. so, i have submitted my affidavit and my cross was completed.
Meanwhile i have changed advocate and judge was also transferred and new judge came . since last 3 years after filling this application affidavit of my two relatives were filed by us and their cross was taken up by advocate of opposite side. During this period I had suggested my advocate to take-up the matter of my streedhan in this case . He had not given proper attention and ignored this matter. Now my Husband had filed affidavit.His cross will be held in next dates. But i still want to get back my streedhan on most priority basis. Now i want to know at this stage is it possible to start the hearing on my streedhan Application and procedure to get back it . Please give me proper suggestion.
also give me other options to get back my streedhan.
asmita0009
05 August 2014 at 21:58
i) I have filed domestic violence case against my Husband. Court has granted me nominal maintenance in divorce case filed by my Husband. May i can demand for maintenance again under DV case?
II ) I have filed domestic violence case against my Husband since 2011, AS per assurance of court to take the matter fast i had not demanded maintenance. But due to Advocates and court case procedure became slow. now cross of me and my witness is over. may i can demand for maintenance and my jewellery which was given to me by my parents from court at this stage? or i will have to wait for end of the case?
No relief given to me in domestic violence act, so please give me proper suggestion. due to this my Husband is not ready to take the Divorce on mutual agreement.
ii) To get the mutual divorce is it require to file any application in court?
Please suggest.
asmita0009
07 February 2014 at 23:32
My husband has filed petition for divorce. He had submitted affidevit of him and his witnesses. Then cross of my HUsband and his witnesses completed now. Now I will be file my and my witnesses affidevit. After hearinng of me and my witnesses what will the further procedure.?
asmita0009
15 October 2013 at 20:56
1 case 1 (DV case) : Since last 2 years my DV case is going on in Vaddoara. When this case was filled Hon Judge had given me the promise to keep pations as he will try to finish my case as soon as possible , so, i should have to avoid the demand of maintence. I was became agree for the same. Then due to some personal reasons my advocate was shifted in other city without giving proper information to me.
2 case 2 : Actually i am staying in gujarat since last 40 years and done simple marrige at Mumbai where my Husband is staying. My most of the relatives are statying at Mumbai and nearby areas. After marraige i came to Mumbai at my matrimonial Home. But then my husband had started mental harrassment and send back to me at Vadodara. Then i went to Mumbai and taken help of NGo as my Husband was there and my most of the relatives who were the mediator of this marrige where staying there. Then i had sent legal notice through advocate to my Husband, that if he will not call back to me then i will file case of Domestic violence act or section 498. But my advocate was careless and done unnecessary late to file the divorce case and waited for reply of notice . So, just FEW DAYS before FILING my case under section 18 HMP , my husband had filed case from in Mumbai for marraige NUll and voide giving reason that before marraige i had taken psychitric treatment for Axiety and i am not able to procure child. Then on juridiction ground this case was rejected by Hon Vadodara court.
3) case 3 : Then My husband had filed case for marrige Null and voide which is going on since last 4 years at Mumbai . court had given me very nominal amount as maintence which is also not deposited by my husnband regularly and my travelling expenses for attend his case i have to bear expenses. All my jwellary , cloths given to me by my parents is in custody of my husband. When i had drawed attention to the judge they said your advocate should do the work on it and Advocate has verious options. The court is not ready to give order to my husband to pay me maintence in advance. Three times i had filed RD for maintence due. Moreover when i told Hon judge that if my Husband will not give me travelling exp i will not attend his case. The judge told that if you will not ccome you that will be your loss.Please note i have not claim legal expenses for my any of the case.
All my jwellary , cloths given to me by my parents is in custody of my husband. My husband is not ready for mutual divoce by giving componsassion to me or could not prove his allegations or submitt avidances that my Anxiety problem is serious and i am not able to procure child. Kindly note i had done late marraige at the age of 36 due to some social problems and with in 40 days he sent me back to my parents home.
So, in all above matter please give me proper guidance, what i can do?
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