I have filed 482 against my wife's 498A in Dec 2013 in Gwalior High--Court. Till now number has not come before Judge. Date comes every week and with a Case list number but case is always "Not Reached". I will in different city and communicate on phone with my Lawyer. He has tried 'Marcy Prayer' and Urgent hearing time to time during these years, but according to him sometimes Condolence happens and sometime Judge doesn't sit after lunch or so. I have paid my lawyer entire fee as hi asked and I pay extra for 'Marcy Prayer' and Urgent hearing too. I need suggestions on below Point. 1:-Should Change the Lawyer. 2:-Is this the way how any 482 is normally Treated in High Courts. 3:-Can anyone recommend a Good lawyer in Gwalior High-Court who can get this done?? 4:-Any other suggestion to resolve this situation. Thanks a Lot for all you support!!!
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. You may just ask some other lawyer to confirm the actions of your lawyer, as to whether such applications have been filed or not?
2. If your lawyer is capable enough then there is no need to change the same.
If you need some help from my end then let me know?
Regards
4 year is a long time, has any stay been granted by the court?
1) HC are over burdened with cases
2) application for quashing dont appear on board for a year
3) even if application is on board it does not reach as board is discharged
4)changing lawyer would not resolve the problem
5)your lawyer has made application for urgent hearing to no avail
6) wait your turn
1. It is unlikely that even if the matter is lsisted but is not heard for so mnay years.
2. Yes, I think you should now take help of another lawyer .
3.In Calcutta high court it is heard within a year.
1. If its him who has been not taking interest in the matter; and not otherwise. If the matter is not being able to be decided finally due to pendency, there's nothing much he can do.
2. No, 482 petitions are disposed off well ahead of 4 years. Do you have a stay order in your favour in this matter?
3. Yes! If you'd like to go ahead with changing your lawyer .
4. Again move an application for expedited hearing.
1. What is the status of the case? Has the 482 been admitted and proceedings before the lower court stayed?
2. Your grievance is not that the case does not get listed. It is that the case does not get reached.
3. What your lawyer has said is very right. If the condolence is to take place the court rises an hour earlier.
4. The maximum your lawyer can do is to apply to the court to order the matter to be shown higher up in the list so that it gets reached,
This type of delay is not abnormal.
No doubt various factors contribute for delay but it can't stretch this long especially after it is listed every time.
You may decide about changing the lawyer.
The circumstances play a vital role
Finally my 482 has been Disposed 3 days back. and Judgement will come now in few days. My Lawyer says he had a good argument and things are looking positive. He also says he making some arrangements with the Stano so that judge gives judgement 100% in our favor. He would be telling me the prize today. I don't feel like going for it at all. Actually part of me can't believe this is even possible and this is a Bluff. And I am ready even judgement is not in my favor. Would like to hear your thoughts on this. Thanks alot for all your suppport.
Lawyer is bluffing
2) he wants to extract money from you on the plea that judge has demanded money
3) don't fall into his trap . Refuse to pay him any money
4) inform your lawyer that you want order on merits only
Please do not enter into such bluff, there is nothing which a steno can do.
Refrain from such act, its like if you don't give money then your lawyer will say that I asked you to pay money if order comes against your.
Anyways doors was justice will not shut down even if the order comes against you.
Regards
As you rightly opined, it is not in the good sense to bribe somebody for getting your genuine things in your favor.
You may inform your advocate that you are not ready and willing to give any money to anyone even at the cost of getting an adverse judgment which may hamper your future.
You can fight the case on merits in the trial court if the judgment in 482 is not in your favor.
1. It cannot be termed 'disposed' unless the judgment has been rendered. In your case only the arguments have been heard and the judgment has been reserved,
2. A steno is nobody in front of a High Court Judge. Nothing more I wish to say.
3. If the HC rules against you then go to the Supreme Court,