RESPECTED EXPERT LAWERS PLEASE GIVE ME YOUR VALUEABLE LEGAL ADVICE IN MY SISTER (Petitioner) DIVORCE CASE.
I am all the written matter exactly same as is mentioned in the court order.
" SUPREME COURT OF INDIA
RECORD OF PROCEEDING
PETIONED(S) FOR SPECIAL TO APPEAL (CIVIL)...........
(From the judgement and order dated 09/09/2010 in FA no. 2/2006 & dated 5/102010 in MCCRA no. 832/2010 in FA no. 2/2006 of the HIGH COURT OF UTTAR PRADESH AT ALLAHABAD )
PRIYANKA............. PETITIONER
VERSUS
RAHUL SINGH.........RESPONDENT
( WITH PRAYER FOR INTERIM RELIEF AND OFFICE REPORT)
Date 05-01-2011 These petitioneds were called on for hearing today.
CORAM:
HON'BLE MR. JUSTICE.........
HON'BLE MR. JUSTICE........
For petitioner Mr. Adv
For respondent
Upon hearing counsel the court made the following ORDER
These petitions are directed against orders dated 9.9.2010 and 5.10.2010 passed by the DIVISION BENCH OF THE UTTAR PRADESH HIGH HIGH COURT ALLAHABAD whereby mcc restoration application no. 776/2010 and mcc/review application no. 932/2010 were dismissed.
A perusal of the impugned order and the record shows that the first appeal filed by the petitioner against the decree of divorce passed by the family court was dismissed vide order dated 3.5.2007 on the ground of non-prosecution. Restoration application no. 2447/2007 was also dismissed vide order dated 13.12.2007 for non prosecution. Same was the fate of the mcc no. 92/2008 which was dismissed in default on 30.4.2008. However, restoration application no 766/2008 was allowed and mcc no. 92/2008 was restored only to be dismissed in default on 2.9.2009. The fourth restoration appeal application no. 763/2009 was allowed by the high court and the appealwas restored to its original no. On 20.4.2010, the appeal was again dismissed for non-prosecution. The high court exhibited extraordinary leniency when it allowed mcc restoration application no. 446/2010 and restored the appeal.
When the appeal was finally taken up for hearing on 30.7.2010 no one appeared for the petitioner leaving the court with no option but to dismissed the same in default.
By the impugned order the high court dismissed mcc restoration application no. 767/2010 and declined the petitioner's prayer for restoration of appeal. Application filed for the review of order 10.9.2010 was also dismissed keeping in view the conduct of petitioner.
We have heard Shri......., learned counsel appearing for the petitioner. In our view, the reasons assigned by the high court refusing to entertain the petitioner 's prayer for restoration does not suffer from any legal infirmity warranting interference under article 136 of the constitution.
The special leave petitions are dismissed.
(.........................................) (.............................)
court master court master"
Could me please answer my questions based on the above case.
1. What is the future of above case?
2. Is review of above case possible?
3. What can be done now?
4. Who is responsible for dismissal of above petition? Lawyer or my sister?
(since my sister's lawer didnot inform about final hearing in the high court. We have already changed our as our lawer decieved us. I doubt that this time also our lawyer has taken money from respondent so he didnot inform us.When we asked our lawer he said he was busu on another case so he was not able to appear in the court on the final hearing)
5. Can we complain about our lawyer's non-prosecution?
6. Do we need to change our lawer?
