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geethu   03 August 2016

Case filled in wrong jurisdiction by advocate

DEAR AND RESPECTED LEARNED EXPERTS OF THIS FORUM,

I HAD POSTED A QUERY IN THIS FORUM 

NOW I HAVE A NEW QUERY PLEASE REPLY ME EXPERTS,,

MY FIRST QUERY WAS THIS

RESPECTED SIR,

I AM GEETHU FROM KERALA..MY MARRIAGE WAS A LOVE MARRIAGE..WE WERE DIFFERENT CASTE AND RELEGIONS....AFTER A FIGHT WITH MY HUSBAND I WENT TO MY HOME IN 2015 MARCH AND STAYED WITH MY PARENTS..MY PARENTS TOLD ME TO DIVORCE MY HUSBAND AND I ALSO DECIDE BECAUSE OF SOME PERSONAL ISSUES AND FINANCIAL PROBLEMS...MY MOTHER'S BROTHER IS A ADVOCATE SO WE WENT TO HIM FOR CASE...HE WROTE THE PETITION AS A STORY ACCORDING TO OUR SITUATION AND HE TOLD ME STUDY THIS...HERE THE PROBLEM IS I LEFT HIM IN 2015 BUT THE LAWYER UNCLE TOLD ME TO TELL 2014...HE FILLED THE CASE IN HIS NEARBY COURT NOT MY NEARBY COURT...HE CREATED A ADDRESS AND FILED IN MY NAME..ON LAST HEARING MY HUSBAND CAME TO COURT WITH OUT ADVOCATE AND SAID THE JUDGE THAT WE ARE PLAYING FARAUD IN THE COURT IN THE CASE OF JURISDICTION BECAUSE THE MARRIAGE WAS SOLEMNIZED IN ANOTHER PLACE AND ALSO WE LAST RESIDED IN THE PLACE WHERE THE MARRIAGE WAS HAPPENED IN ARENTED HOUSE..THE JUDGE HEARED EVERYTHING AND SPOKE IN SUPPORT WITH THE JUDGE DID NOT HEAR ANY THING FROM US...WE WENT FOR COUNSELLING THERE HUSABAND SAID TO ME HE WILL TEACH ME AND ADVOCATE FOR PLAYING FRAUD AGAINST HIM IN THE CASE ADDRESS...HE WILL NOT TAKE ME BACK ALSO...I AM CONFUSED NOW MY ADVOCATE GAVE THE CASE TO ANOTHER ADVOCATE BECAUSE HE COULD NOT COME..NEW ADVOCATE DOES NOT KNOW THESE THINGS ...WHAT SHOULD I DO PLEASE REPLY ME..IF MY HUSABND PROVES THE FRAUD WHAT WILL HAPPEN IN MY CASE?MY OLD ADVCATE UNCLE TOLD ME COURT WILL BE ALWAYS ON THE SIDE OF WOMEN SO THAT ONLY AGREED...

NOW MY SECONND QUERY IS BELOW SO PLEASE GUIDE ME EXPERTS..

LAST FRIDAY WAS MY HEARING IN THE FAMILY COURT..MY EX HUSBAND TOLD THE JUDGE ABOUT THE FRAUD AND GAVE THE CERTIFIED COPY OF THE RENT DEED TO THE JUDGE AND RAISED THE ISSUE OF JURISDICTION ANLSO SAID THAT I AND MY PARENTS ARE PLAYING FRAUD AGAINST THE COURT AND LAW..THE JUDGE POSTED THE CASE TO 7/09/2016..WHAT WOULD HAPPEN PLEASE REPLY ME EXPERTS..MY ADVOCATE TOLD US THAT COURT WOULD NOT HEAR HIM BECAUSE HE DID NOT FILE COUNTER PETTION..BUT WHEN THE JUDGE ASKED HIM ABOUT THE COUNTER PETTION HE TOLD ABOUT THE ISSUES OF JURISDICTION ..WHAT WOULD HAPPEN AGAIN PLEASE REPLY ME..

 



Learning

 2 Replies

Nitish Banka (lawyer)     03 August 2016

The issue of jurisdiction is matter of trial, let them file the counter and judge will frame the issue onus will be on them to prove.

Warm Regards,

Nitish Banka

9891549997

dr g balakrishnan (advocate/counsel supreme court)     03 August 2016

sad. my view is tell the facts that you were misguided by advocate perhaps of his ignorace, so you shd not suffer due to his error. tks


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