Re-Open case in Highcourt

Dear nsk. from Shimoga:Imagine, being well to do and educated citizen like you have fallen victim to the antics of your lawyer which has become a very common practice, then what would be the situation of illiterate and poor lot is beyond imagination. If you had the documentary evidence to prove falsehood of your wife then what were you doing during preliminery stages?U submitted fully to your lawyer?Hence the end result.

Dont ever rely blindly on your lawyer and please follow the case yourself. But I am sorry to add that I can not tender any suggestions since I have no idea about such complicated family disputes.

Consult some good/honest(?) lawyer and do the needful.

Regards

She may have filed revision under sec 115, which may have been allowed.

You may appeal against that revision at HC.  

I would like to know under what section of law I am able to re-open the case in the Highcourt.

---   NO NEED WHEN YOUR CASE GOING ON, WHERE YOU ARE RESPONDENT, SUBMIT A PETITION THERE STATING ALL YOUR GRIVENCES,

But this lawyer took RS 20,000/- and did nothing. He did not even contact me or my parents who stays in Bangalore. We were intimated only after the case was disposed in Highcourt

---   ANOTHER CASE OF ILL TREATMENT BY AN ADVOCATE.

I would like to know under what section of law I am able to re-open the case in the Highcourt.

---   GO ON DOUBLE BENCH OF HC.

OR MAY GO TO SC U/A 136 - SPECIAL LEAVE PETITION.

TAKE CARE ABOUT LIMITATION. IF NECESSARY EXPLAIN IT PROPERLY.

" But this lawyer took RS 20,000/- and did nothing. He did not even contact me or my parents who stays in Bangalore. We were intimated only after the case was disposed in Highcourt "

THIS PORTION WILL HELP YOU TO EXPLAIN THE LIMITATION.

Mr Arup do you think that statement of the victim of mis-conduct of his lawyer is going to hold water? Since it would be his statement only without any supporting document of payment to his lawyer because as for my knowledge none repeat none lawyer issues any token of acceptance of money as fee for the case from its client rather that lawyer can issue him a show cause notice for not paying him his fee. You never knew when the friend looklike lawyer becomes your great foe and I consider these sick lawyers as necessary evil.

Regards

I have a scanned copy of the check that I gave to the lawyer. My lawyer did not file for a objection or even discussed with me or my parents. Unfortunately I work abroad. I just want to keep quite as I have a divorce case going on in family court and I don't want him to some how screw my case at the last stages as they will have a close network. Highcourt only directed me to pay the interim maintenance amount from the date of application whereas family court ordered me to pay lumpsum RS 1,80,000 for 16months.

Amazing!!!

Frankly your case has no merits. You are unnecessarily blaming your lawyer. 

He did his best to contain maint amount below 15k per month!

 Rupees 15k is not more than USD 325$ Which you must be spending that much there on entertainment every month.

It is your problem that you dragged the matter for 18 months. So pay arrears.

Rather your wife had a bad lawyer who could have possibly got a clear order on amount, arrears, time limit to pay arrears etc, right in the first place. 

All these things were correctable at trial court level itself as technical error causing ambiguity.

she was unnecessarily made to go to HC by her lawyer.

This is really an irony that undeserving people happen to get good and honest lawyers and genuine people mostly are met with dis-honest lawyers!!!

Pay him little more.  

Your lawyer is actually delivering the best that he can for you.

This clearly shows that you have no knowledge on legal process or have any clue how it works in Indian courts. Without missing even a single hearing it will take 14 to 16months to complete mediation and interim maintenance case judgements. I have not violated even single court order. Do not try to blame any one without knowing the facts of the case. For your kind information I have paid over RS 3.5 Lakhs for 16 months.

Even though my lawyer did not represent me in this matter. HC did not consider my wife's ridiculous claim to increase the maintenance as it had no merit or justification.

If you don't have any legal knowledge or  legal perspective to provide suggestion please do not comment .

do you think that statement of the victim of mis-conduct of his lawyer is going to hold water?

---   i could not understand what actually you want to say. i commented on limitation.

'TAKE CARE ABOUT LIMITATION. IF NECESSARY EXPLAIN IT PROPERLY.

" But this lawyer took RS 20,000/- and did nothing. He did not even contact me or my parents who stays in Bangalore. We were intimated only after the case was disposed in Highcourt "

THIS PORTION WILL HELP YOU TO EXPLAIN THE LIMITATION.'

I was not complaining about misconduct of a lawyer and I really don't have time to pursue this. All I was looking was "is it possible to re-open the case showing to the court that my lawyer misrepresented me. There is no need to pay anything for interim maintenance as my wife has a double degree and has worked for past 10years and stopped working after filing for divorce. I was expecting my lawyer to file for objection asI have all the documents to show my wife's ineligibility including her income tax returns." Unfortunately he did not even contacted me till the case was disposed.

Mr.nsk.Shimoga: This is a forum where everyone is free to express his view without compromising on dignity, may be you do not subscribe to this notion but it is you who has asked for suggestion but did find it as per your wishes.

I still say you are an Engineer by profession thereby had a good educational background and if you found despite being abroad for all these yaers that the lawyer was found wandering to defend your case properly then what were you doing?The case was not finalised in weeks but it took atleast 16 months, so why you remained dormant, all these months?It was your mistake to follow blindly that lawyer and did not have the sence to atleast remind him leave alone to change him and kept him following till the end.

I do not subscribe to what pseudo subscriber "PROPRA" has propagated in this column but remember none of the advocate community member would ever accept their fault and they are not so interested about the outcome of the case.They claim immunity for every action or re-action and if you have gone through many judgement of higher courts, you might have found the court's remarks that "WHY APPEALANT  DID NOT............ .......IN THE LOWER COURT"because it is you who is suppose to defend/plead your case and not your lawyer or advocate.But it is a hard fact that 90% including me had NO IDEA about the fact that an individual can plead his case in the court which is quite a normal practice in the gulf countries.

Dont lose your heart and kindly go for revision in High Court and please follow the case personally with keeping your eyes and ears open by hiring a worthy lawyer but you would be lucky if you find one.

This is very harsh world so please be cautious.

God save my homeland of such lawyers/advocates.

Regards.

Just to be clear I did not remain dormant for 16 months. It took that much time in the family court to give a judgement on interim maintenance as it will take 4months just for mediation itself. For those 16 months family court directed me to pay lumpsum of RS 1, 50,000/- and going forward it order to pay RS 20, 000 per month. My wife applied for highcourt to increase the maintenace amount to RS 50,000/- month.

Highcourt case just took about 5 months to dispose the case. Even though it did not increase the maintenance amount it ordered to pay same amount from the date of application for those 16months which I want to challenge through review petition.

Just want to know from legal perspective if this makes sense  to proceed with this or is this simply waste of time and money.?

No Wonder .... why your lawyer did not contact you!!

The person like you who claims to be an engineer, and seems to have spent 16 months on the case, can't even write about his case clearly on the blogs as well !!

Just look around.. How many people YOU have managed to confuse ... out here!!

Why are you blaming your lawyer? It was YOUR duty keep a proper check whether he is presenting the facts as narrated by you or not.

Your wife's revision under 115 is dismissed (GIVE thanks to your lawyer) .

Now ... What are you cribbing for?

Nobody had forced you to choose that lawyer or to choose the lawyer at all!!!

Now you can't harrase the opposite party by filing case after case!!!

Husband is supposed to maintain wife and kids without any complaints.

16 months ... it suggests that You were given good chances, I believe, from your confusing posting on this forum.

Actually you wanted your lawyer do double the work in one fee !!!

1. (Stand for you in defense) Defend wife's enhancement application under sec 115 from your side. (which your lawyer did nicely)

2. (Also Stand for you as plaintiff ) To File Writ under 227 against maint order by FC, to quash the maint order entirely.

Did you pay him separately for for item 2?

If no ... then don't expect him to get that order quashed...For free.

THANK to GOD and LAWYER  that Order wasn't enhanced by HC.

You live overseas, you should have been asked to pay at least 30,000 pm to your wife. I believe HC did injustice to your Wife. 15,000/- or less is not a high amount for you!!

Your Wife should be thinking of appealing against the dismissal of her revision at HC.

She needs a good lawyer !!!!