• Dishonest lawyer

Sir, I did interracial marriage in an Arya Samaj temple on 24.11.2016. (Both of us are Brahmins but different type within Brahmin) .

And my wife, we both feared gharwale so with the help of a lawyer, we through a lawyer filed a writ in Rajasthan High Court for protection. 

High Court gave protection order but lawyer did not let the order reach our family.
 
Then on 12.12.16 our family agreed and happily married us according to Hindu custom.

Then the lawyer thought he will not get paid any more. He had made us sign on some blank papers. So he filed fake domestic violence case in ACJM court. After that my family started receiving notices. Later my wife herself submitted affidavit in ACJM court to withdraw case. But court did not let her withdraw the case. They gave us a future date instead.

Later we found out that the ACJM judge is friend of our lawyer and is troubling us.
When we requested for a copy of the proceedings of application withdrawal, we realized that magistrate did not make a note anywhere that the wife withdrew the application.

Please help what I am supposed to do.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) file petition in HC for quashing DV complaint filed in ACJM court

2) also complain against the lawyer before bar council of rajasthan

3) in the alternative engage another lawyer and file application for with drawal of DV case on next date of hearing before ACJM court

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

since your wife is the complainant she is at liberty to with draw the complaint by submitting written application to court

2) you are at liberty to change your advocate if you so desire

3) parents can move HC for quashing of complaint if lower court refuses to permit your wife to with draw the complaint

4) HC would quash the complaint on account of settlment arrived at between the parties

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. File an appeal before the Higher Court against the order of the court below.

2. With the order of the higher court, the lower court will certainly close the case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. File a petition before the High Court for quashing the DV case since the said case was falsely got filed in the name of your wife.

2. If your wife deposes before the high court giving the above statement, the said DV case will be quashed.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Later we found out that the ACJM judge is friend of our lawyer and is troubling us.

When we requested for a copy of the proceedings of application withdrawal, we realized that magistrate did not make a note anywhere that the wife withdrew the application.

If you dont find any relief through this court due to the judicial presiding officer's corrupt and biased attitude, you can make a complaint against him with the Registrar, Vigilance of high court narrating everything including the collusion with the lawyer to entertain the lawyer's corrupt practice.

Against the lawyer you can file a complaint with the bar council of Rajasthan as well as the bar association he belongs for his corrupt and cheating practice.

You should secure strong evidence before making representations to the authorities.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

As an accused in this case, you can file for quashing the DV complaint pending in the lower court by filing a petition under section 482 cr.p.c.before high court.

Your wife will be served with a notice to record her objection, at that time she can file an affidavit narrating the incidences and express her no-objection to allow this quash petition.

The high court may allow this petition and discharge or dismiss the DV case or may pass orders accordingly.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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