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RL (Engineer)     16 September 2014

Please help experts: my lawyer screwing me big time.

Hello experts,

Could someone please reply to my question which I have highlighted in bold. If possible please reply in-line.

I recently went to family court to file a RCR. Generally my lawyer never come for small work(atleast he thinks my work is small :-(   . He asked his assistant (not a advocate) to accompany me to file a RCR.

His assistant brought the RCR petition document,postal stamps, envelope to the court. The petition was the one which I have already read & agreed upon and it was prepared in a proper format, which i suppose is a real one. I signed the document and that assistant guy did the formalities . we paid fees in the counter. I signed some ledger and the data operator fed the data in the computer. I saw that court guy wrote some number(FR??) in my petition. I still remember that number. but when i asked my lawyer asst he told me some other number and assured me that the number which he is saying is the actual one.He also told me  that they need to come next day for hearing. I didnt get that. is it correct information?

When I went to their office next day , asst guy told me a hearing date which was 1 month from the date we filed. when I asked him why it takes so much time. He told it would normally take 1 month. I reluctantly agreed & moved out. Few days later again when I contacted my lawyer, he asked me did we mentioned interim child visit in our petition. I said No. (First of all he shouldnt have asked this questions 1 week later after filing petition. This clearly shows he didnt read the petition created by his asst.) Then he insisted me we should change our petition and asked me to follow up with his asst. I did the same.. But asst guy didnt do as usual with his lethargic approach same as his boss.

When I went to meet my lawyer recently to discuss about my first hearing date, He gave me a shock saying our petition didnt reach that far as document is still not sent to respondent(so called wife). I was stunned and asked him what we did that day. He replied to me in his usual detached/disinterested way, that there is no point sending this petition without adding interim child visit. 

I didnt understand what these guys would have done in court to stop this. So the RCR filing which I did is not a real one?  Did I missed something that day when I filed?

 

Also my further questions:

1. what is that FR number. Is it a tracking number. Can I track the status now online or in court? if so can you please give me the link.

2. What are the steps involved in filing a RCR (I mean court formalities). Please explain in detail

3. After Filing RCR what is the next step done by petitioner lawyer. Did he need to appear in the court before the hearing date and for the court to accept the petition?

4. what court does after petitioner files RCR.

5. Whether petitioner or petitioner lawyer get any intimation about hearing date or any acknowledgement from court.

 

Thanks in advance.

 



Learning

 3 Replies


(Guest)

 

Originally posted by : RL




I didnt understand what these guys would have done in court to stop this. So the RCR filing which I did is not a real one?  Did I missed something that day when I filed?

These are day to day affairs of the court.  Nothing to worry about.  RCR notice will reach the party, but will take some time depending on distance etc of the other party, ie wife.  Nobody is consipiring against you and nobody will get anything out of it, you seem to develop Sherlock Holmes Syndrome.  Keep calm. 

Also my further questions:

1. what is that FR number. Is it a tracking number. Can I track the status now online or in court? if so can you please give me the link.

You can check status of case online too and directly in court.  Find link in previous posts in LCI.



2. What are the steps involved in filing a RCR (I mean court formalities). Please explain in detail
File an application asking to appoint a lawyer.  File an affidavit.  File related allegations, blah blah blah on green sheet ie the RCR petition.  Pay court fees via stamps.  File vakalath by the lawyer.  Wait for notice to be served via RPAD through court .



3. After Filing RCR what is the next step done by petitioner lawyer. Did he need to appear in the court before the hearing date and for the court to accept the petition?
Yes the lawyer or the petitioner need to be present on the next date.

4. what court does after petitioner files RCR.
Court will wait for reply from your wife.


5. Whether petitioner or petitioner lawyer get any intimation about hearing date or any acknowledgement from court.
Yes, you or the lawyer will be told of the next date of hearing.
 

Thanks in advance.
WELCOME
 

 

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     24 September 2014

If you donot have faith in your lawyer, you can change him now too.  As far as the status of your petition, instead of asking outsiders, just visit the the same office of the court, clarify the details personally from the staff there and confirm if your petition has been numbered and taken on file and whether the notice had been sent from the court to the respondent and also the next date of hearing.   This is what you have to do now, instead of doing this if you keep suspecting each and every act of the advocate or his assistant, there will be no end to any issue.

2 Like

Jimmy (Manager)     24 September 2014

Follow Adv. Kalaiselvan's advice. Perfect.

1 Like

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