Experts please advise

if your lawyer was not attend then what was ordered on the listed day 

appeal cases cannot be listed by any lawyer and even Hon'ble Judge will order when to list the case and accordingly the appeal case will be listed and heard 

after hearing both the parties only court will give stay or not to stay the order passed by family court 

Dear Mr Mahesh.

Thanks. After my lawyer (Caveator) failed to attend on that day the Hon Judge asked the lawyer of the petitioner to  serve copies. But as caveator my lawyer had received the copies earlier while my opp party filed the petition. Thereafter  I approached the concerned section and according to them my lawyer should have either MENTIONED before the bench in any subsequent days after he failed to attend or submit a fresh Vakalatnama so that the case could be listed again which my lawyer has not done resulting the delay.

Regards.

In high court it is not easy to list a case 

your lawyer can mention the appeal case in the court and also he should explain the urgency then only Judge will order to list the case and about vakalatnamma is only filed in section and not in the court 

Dear Sir,

 

my wife and me sing the afidavit for settlement on 7.5 Lacs now I already paid one installment 2 lac to my wife and she is withdraw the DV case from the court and women cell now my question is if my wife denined to give a divorce to me after taking the money so what can i do.

If the lawyer ( caveator) fails to attend the court on the day the case came up and only the lawyer of the opp party appeared what steps should the caveator lawyer take to relist the case ? Mention or submit a fresh vakalatnama ? Regards

what about your lawyers juniors has to represent and plead for a next date and in mean time your lawyer hast to file vakalatnamma in the section 

sandeep 

when every you start a query start with new thread so that the answers will be in your query itself and no one will disturb you 

and about your query is

what is that settlement for thus are you both applying for mutual consent divorce or what and when ever you give the alimony money give in presence of judge and assure your self to mention in the court copy and take her signature on that 

Thanks indeed Mr Mahesh.

Surprisingly my lawyers are doing NONE of them inspite of my requests for last 2 months,

Regards

First post the exact order of the court on the first date and later dates, if any and I would help you to come out of tricky situation.

Dear Mr Chandrasekhar. Thanks. The Hon Family Court passed a decree of Divorce under cruelty in my favour. Immediately I filed a Caveat in the HC. My wife (ex) has appealed in the HC against the family court order. As caveator my lawyer received copies of their petition.The case came up in January my lawyer as Cavetor deliberately abstained from appearing .But lawyer of the opp party appeared. The judge therefore asked him to serve copies to my lawyer again which he had already received earlier.Now my lawyer should have Mentioned before the bench and have requested for a fresh date for listing which he had not done for last 2 months. As a result the case is stagnant. I have enquired in the concerned section and they told me to request my lawyer to Mention or to file a fresh Vakalatnama for listing the case again but my lawyer is playing hide and seek. Kindly help me by your valued advice. Regards

Place here exact high court order on that date and I will properly advise.

It is not complete order.  Hence, I can't help you.

When you are present in the Court why send notice to Caveator?  The very intention behind Caveat is the party concerned should be made aware that a case had been filed when it is filed by the opposite party that Caveator is apprehending to file.  When you yourself are present there, who else should be given notice of as Caveator?

 

 

Without filing Vakalatnama how his Caveat petition is on record?  I can understand your anxiety.  But our system is like that.  The position as I know is, when you are in the  Court-room, the party (you) cannot address the judge directly, only the counsel has to address.  Even if you are present there...you cannot even raise in seat and say to judge...."Your Honor.  I am party concerned in this case....my lawyer is absent but I am present".  That much should be allowed to be spoken so that the judge no that 1. at least someone is present there on behalf of one of the parties to the case 2. whose fault it is, whether that of Advocate or not.  If the party is present in the court-room and the Advocate is not present then the fault generally lies with Advocate only.

 

 

And secondly if the counsel does not appear, then if it is because of his own fault the party should not be punished.  To ensure that it should be regulated by imposing fine on the Advocate who do not appear before the Court when case comes up for hearing provided if he shows reasonable cause for not attending the fine can be waived.  Such rules will go a long way in favor of parties like you who are countless in number in our country. 

 

If you don't trust your existing lawyer approach a new lawyer and ask him to take over the case from existing lawyer.  They all know how to do that.