• False DV case & how to change Lawyer

Sir

This is regarding a false 498(a) and DV case filed by my Wife and Inlaws. As I was having many evidences against their false allegations i have replied them strongly. 
But now I am observing that as my wifes lawyer is a senior one, my lawyer is acting slow in replying anf also taking a true strong stand. 
Also as I have most of the time work outside my town its not possible for me to visit the court proceedings of my wifes city where the cases have been filed. 
So DO I NEED TO VISIT THE COURT ON EVERY HEARING, CANT MY LAWYER ATTEND ON MY BEHALF?? as my lawyer says that as per new rules I have to attend every hearing. Whereas there is no such call from the court. Please guide. 

Also whenever i visit the court to attend a hearing, outside the court premises my In Laws go on passing sattiristic comments and low talk poking type. Is there any protection or complain I can file to avoid this?? As my upbringing doesnt permit to stoop down to such level. 

Also can anyone of you respected gentleman advise a good family court lawyer in Ahmedabad if you know n recommend?? 
Also what is the procedure of changing the lawyer as I have a feeling that my present lawyer is just interested in passing of time and every month he is increasing his fees on one pretext or the other.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) your personal presence is not necessary on each date . your lawyer presence should suffice

2) just ignore your in laws . they want to provoke you

3) you can search in kaanoon.com website for lawyers in Ahemdabad

4) you can ask your lawyer to return the papers obtain his NOC on vakaltnama of another lawyer .

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Do note that on each and every date of hearing of DV case and 498A the presence of husband is not required. However of the lawyer is tardy in looking after the case the clients sometimes get harassed like yours.

2. Since you are facing problem from the hostile atmosphere and inept handling of the case , transfer of the cases from Barrackpore to any other court is advisable.

3. Your present lawyer is certainly not dealing with your case propery and hence change the lawyer asap.

If you are from Kolkata feel free to contact.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

So DO I NEED TO VISIT THE COURT ON EVERY HEARING, CANT MY LAWYER ATTEND ON MY BEHALF?? as my lawyer says that as per new rules I have to attend every hearing. Whereas there is no such call from the court.

As far as the criminal cases are concerned, the accused is required to be present and appear before court on each and every hearing date. If on any occasion he misses out the court date, his advocate can file a petition under section 317 crpc seeking to condone the absence of the accused owing to some reason as mentioned therein.

Also whenever i visit the court to attend a hearing, outside the court premises my In Laws go on passing sattiristic comments and low talk poking type. Is there any protection or complain I can file to avoid this?? As my upbringing doesnt permit to stoop down to such level.

Legally you can do nothing to stop such nuisances, hence just ignore them

Also can anyone of you respected gentleman advise a good family court lawyer in Ahmedabad if you know n recommend??

You can look for one by yourself or if you are not able to find one then you may approach the bar association for help.

Also what is the procedure of changing the lawyer as I have a feeling that my present lawyer is just interested in passing of time and every month he is increasing his fees on one pretext or the other.

You can inform the present lawyer that you do not engage him anymore, he can give his NOC in the vakalat after which you can engage some other lawyer.

He cannot say no to this and if he says so, then you may express before court that you would like to change the lawyer, the court will permit you directly without taking the consent of the present lawyer.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. Unless you have been exempted from personal appearance by the court you are required to appear before it. So apply to the court for exemption. If the exemption is allowed then your lawyer's appearance shall suffice.

2. You are free to change your lawyer by obtaining a NOC from him .

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir...

According to your situation ...you can file ...Transfer Petition in supreme court of india ....and transfer your case...in your state..

Regards..

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

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