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minsal (Jr. Advocate)     11 September 2012

Need guidence in a family court case

in a family court, a wife on the ground of cruelty and demanding dowry, has filed a case against her husband for divorce and maintenance for herself and their child.

Before the same court previously her brother has filed a case demanding divorce for non consuming his marriage aas there was no physical relation between himseslf and his wife. in those matter his wife in her reply agreed that their marriaged was incomplete but alleged about an illegal relation (Adultery) between her husband and his sister(who is petitioner in present petition)the said matter then settled out of court and both of them filed a jt. petition for divorce.

in the said petition the advocate who appeared for the girl who has made allegation about adultery against her sister-in-law, the same advocate appeared in present matter for the petitioner (lady) against whom she made an allegations of adultery (An illicit relation with her brother)in previous petition.

my question is that on the basis of previous record, can husband in present petition file an application of non-maintainability of his wife's case, as her own Advocate made such serious allegation against her own client in other case.



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 6 Replies

Tajobsindia (Senior Partner )     11 September 2012

1. Interesting
2. In my opinion no case made out. Instead the moment such aspirations leveled on an Advocate your suit matter may get more delayed.
3. Why don't you try to find boy's (BIL) side advocate and stumble upon more interesting family facts ;-)

 

minsal (Jr. Advocate)     11 September 2012

Actually in the previous matter their advocate became weak against the arrogant behaviour of this lady advocate, and under pressure of this lady advocate, these people had to bend down and agreed for mutual divorce. that's why this lady preferred to engage the said lady advocate.

om pal aggarwal (N/A)     24 September 2012

The petitioner can file divor ce petition on the ground of  cruelity. under section 13(1)(a).It is immattrial who is pleading your case.Advocate are to  contest the caseon behalf of the clent. He contest the case on the basis of material supplied to him by the party. It is immatrial   what the Adv. said in previous  case. In the previous case  the allega tion of adultry was not proved against the girl which is a petitioner in the present case. so to my openion  the petitioner can filed the divorce petition through the same Advocate who made such serious allegation against her own client in other case.

minsal (Jr. Advocate)     25 September 2012

mr. agarwal sir,

 

      Then what about sec. 15,16 and 17 of Advocate Act ?

Ompal Aggarwal (Advocate)     01 October 2012

Mr Minsel,  Sir,

Sec. 15,16,and 17 relates with Bar Councils and Admission and enrolment of advocates and classified the advocates as sr. advocate and jr. advocate.  Idon't know  what u want to know about stated sections

andz (clerk)     02 October 2012

1-what are the intentions of the husband is more important and mere representation could not question the maintainability of the case . . . 2-the chances are there that the advocate inturn might sue for defamation . . . . and questioning his professional practice . . . 3-do agree with Mr.Ompal aggarwal ji . . . . . as to what your querry is . . . . regards anand

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