Title - Shoot the Ld. Advocate Twice :-)
Never outsource your case !!!!
Scenario: “You're trapped in a room with a tiger, a rattlesnake and a Ld. Advocate. You have a gun with two bullets. What should you do?
The natural answer is Shoot the Ld. Advocate. TWICE………………
This is what majority of the Indian Husbands will tell you who have hired a Ld. Advocate thinking this is another superman / woman clad in a black suit and will rescue me from the clutches of my problems. People with no interest in what the case is all about, generally males who look for a “quick fix” to their problems with a runaway attitude suffer at the hands of metro wife, system, as well as Ld. Advocate in exactly the sequence mentioned intentionally.
Metro Wives do have enough godfathers in terms of facilities by the STATE or in person that enables them to blindly outsource her case. But Indian Husbands (Indian married males) are always at receiving end, they often get tempted to copy paste what their wives do in hiring a Ld. Advocate, without knowing that it’s an imbalanced war on the chessboard. Your complaint with respect to matrimonial dispute cannot be more than a NC with police, while hers similar complaint against you can be a cognizable offence, thus bringing you to a negotiation table out of fear for further blind legal carnage. In such cases Ld. Advocate too are out of scope of any help.
All these recent past by being here I faced most common que. asked by innocent Indian Husbands................
“Where can I get a good Ld. Advocate?”
This is also one of the most frequently asked questions to me on the SIF helpline. And my answer is “if you do not have the grip on your case then no Ld. Advocate is a good Ld. Advocate.” Your thorough home work is a must else you will fall in to this trap of outsourcing your case.
“Ld. Advocate are mere representatives !”.
We often confuse Ld. Advocate with courts and subconsciously think that they represent courts. Ld. Advocate notice is mere tactics of scaring, is often confused as courts' notice. Opposition Ld. Advocate's call is attended with a lot of restraint and stress (well I am not telling to provoke fellow respected Ld. Advocates here in LCI but one must know that the Ld. Advocate is no authority on your case or your life). Never resign your confidence in front of the opposition Ld. Advocate or your Ld. Advocate as you know that they work for money and are mere service providers. In doubt refer to recent Writ filled by my well respected class. But again do not outsource your core decisions to them. They have no authority to certify your divorce or marriage.
“Ld. Advocate in pre 498a IPC ?.”
Pre 498a: A HUGE chunk believes that if you file for a divorce case against your troubling spouse or give a Ld. Advocate notice then you are in the riding seat and will weaken her future cases against you. Well NO! the system has a perfect designed loophole that will allow your metro wife to make your life an Official MESS. (initially it was thought that she was alone in harassing you, now she will have the system for making an early damage. Who cares about the case or conviction, the arrests are enough). It goes like this
1. You file a case or serve a Ld. Advocate notice
2. She suffers from a huge rejection feeling
3. She is unable to differentiate that your notice/case is simply falling in civil domain and NOT in criminal (well no comment son metro wife’s IQ / EQ / blah blah which is never been my core subject anyhow L)
4. She now wants to teach you a lesson
5. She approaches the sleeping tiger (the system) and the executor is the Ld. Advocate.
6. She is advised to file for...
6.1. False 498a – Dowry (this will initiate the arrest of accused for investigation by police)
6.2. couple with false 406 – streedhan (the non bailable factor becomes stronger)
6.3. Crpc 125 – monthly maintenance (so what if she is working, April fool hai na)
6.4. Domestic Violence Act (even Duckworth Lewis would not understand this Hirnayakashaypu’s boon to Surpanakha)
6.5. rest add on’s may vary from case to case.
Moral: A Indian Husband cannot file for a divorce case that will give him divorce. Lekin asha ki Kiran abhi bhi dikh rahi hai usko iss lambey system breakdown tunnel vision mei J
“Who knows the law better? you or me?”
Appointing a Ld. Advocate is a lot like choosing a partner. Its like if you have married in haste then you may have to repent at leisure. If your suggestion / discussions are blindly turned down by the Ld. Advocate, who like an abusive wife tells you his / her qualification on your queries, you are in for more trouble and hence don’t wait for tomorrow, rather change this Ld. Advocate as soon as yesterday.
“I paid the Ld. Advocate advance money so now I will win the case as he/she will fight for me!”
Interestingly in one of the SIF meetings I was handling this question and another fellow SIF Commando noticed and pitched in by saying “when we are employed in jobs we are first made to work for 30 days every month only then we are paid money, if we were paid advance we would not have been motivated to work for the rest of the month”. Similarly know what your Ld. Advocate had done and is going to do before you blindly pay. The rates beyond a point are proportional to your fear and ignorance. Keep a check on your case. Your clarity, involvement and monitoring will motivate him / her to perform.
Are you aware what rights you have in the system? What options you have in the system? How motivated are you to know your case? Unless you are not in control how will you know where your Ld. Advocate is taking you?
Hence appoint your Ld. Advocate who will be your team member and not a greedy guide who would take you for a ride in an unknown place and slap a fat bill that also in the begining !. For this thing to happen you too should be in total control of your case. You should know your case thoroughly with what charges are filed against you etc. All papers of complaints and relevant documents should be crystal clear. Surf the net and websites of Mens Movement in India with law implications so that you know what you can anticipate and what options you have.
And if you feel the heat and realize that there is no “fool proof facility for male to get rid of an abusive partner” then yes you too should join the movement of voluntarily helping others who are as dumb today as you were, before someone enlightened you for FREE, and work for changing the system.
To wind up there is another saying for Ld. Advocate which is "What do dinosaurs and decent Ld. Advocate have in common? They're both extinct." Well I would say you can appoint a Human who knows Law and for that you should be in control of your case and the relevant info so the Ld. Advocate remains un-tempted and human alive.
Hope this small effort helps ?
PS.: All bold blue underlined are hyperlinked in case reference to this articles take are challenged and yes I am offering myself to be crucified by Lawyers Collective if any for Mens Rights cause.
Happy reading then following Men’s Rights Movement………………
Credits: Jinesh
