• Filing reply in Gujarat high court

Hello,

I am female aged 38 years having 9 years old daughter. My husband first filed divorce case and after two years he filed child custody case. One for permanent and other for interim. Out of which he was not granted interim and order was passed that he can not meet child as child is not comfortable seeing him, because my child is special child.

He then filed writ petition in Gujarat highcourt. My advocate recieved notice on my behalf. 

On first date my advocate filed his vakalatnama.

After that he did not appear for three consecutive dates due to one or the other reason. First two dates were at 15 days duration but last date is given for just after 5 days. On last date I sent email also to registrar but I don't know it works this way or not.

My lawyer is not in a situation to go as his wife has passed away.

My questions are following 

(1) Can I go and file my reply myself ?
(2) if yes, Do I need to go to court room and submit my reply or I need to submit somewhere else ? 
(3) Also, is there a way that I can escalate my situation to high court authorities by mail or courier ?
(4) Can I send my reply by courier otherwise ?
(5) or else can I submit report of my lawyer ?
(6) Is there something my lawyer can do which he is not doing 

Let me know if you need more information which I have missed here.
Asked 4 years ago in Civil Law

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18 Answers

1) you can file detailed reply onnext date

2) when your case is called out in court tender your reply

3) you cannot send reply by courier

4) your Lawyer can draft the reply , Rajesh a print out and onnext date file reply through his junior

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Yes you can file a reply or can engage other advocate to file.reply.and seek time.

2. Before the date you can file in registry of.high court. On the date of hearing it can be submitted in court.

3. No mail and courier not accepted.

4. No you have to file it in registry and get it receiceved to other side.

5. You can mention same on date of hearing before honble court.

6. Since he has personal.difficulty at this point reply has to only.filed after.reply.is filed the other side shall.file.rejoinder to.that or matter shall be posted.for final hearing.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

Your husband has filed a writ petition in the hc your lawyer has received the notice but has not filed a reply. You can file a reply only through a lawyer as he has already filed a vakalatnana. Try to contact him and if he does not respond then on the next date appear personally before the judge and tell him your ordeal. Take a nice from your lawyer and engage another lawyer.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

You can file your reply yourself or you can seek date by showing reason of death of your advocate's wife. You can file the reply in department of HC. Something HC considers filing of reply in court room but that depends on judge. You can mention the escalation in court no need to right letters at initial stages. You just file a detailed reply on the facts after consulting your lawyer or any other lawyer if you don't trust him or have doubts or second opinion.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

Dear Client,

If you or your advocate will not appear, court will pass ex parte order. So better on next date appear before court and if already ex parte has been passed than file application to set aside ex parte order sitting reason of advocate wife death.

You will have to file reply in filling sanction, better contact your lawyer, his clerk will submit the reply or change advocate.

Mail/letter courier wont be sufficient, have to appear in person or through pleader.

Better change the lawyer, sending reply through courier will make no sense as on the date of hearing somebody have to appear in court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file your reply but it is risky as you do not have enough legal drafting knowledge as well as filing knowledge as High court is total different. If any mistake happens then turn fatal for your case.

You cannot send any mail or something.

Your advocate's junior can give adjudication petition on behalf of your advocate stating his wife's demise.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

do not worry

if your affidavit in reply is ready, then sign and notorise it

send the copy of notorised reply under cover of your letter either to your husband or his lawyer by registered post with AD card

in the letter mention that your lawyer's wife has passed away, therefore he is unable to attend your matter for the moment, and out of abundant caution, since notice is issued by the court to you to file reply, you are sending your reply to husband/his lawyer by registered post

the husband's lawyer will have to show this to the court and the court will not proceed with the hearing in absence of your lawyer

alternatively you can also submit the original notorised reply in the court department. but for that you will need the letterhead of your advocate and his signature on it. It is called a filing precipe

as your advocate is not presently available, the first approach will be the best way to protect your interest in the petition filed by your husband

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

In the case as you have narrated the counsel send their junior or Munshi to submit application or request to adjourn the hearing or may file reply.What your advocate is doing I fail to understand. You can also fight your case yourself.You can also send request for adjournment by mail but it will be better to present yourself before the bench.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. yes you may appear in person.

2. You can submit the same in the court room on the date when the case is taken up and may tell the court that your lawyer is unable to come due to some reason.

3. No

4. No

5. No

6. You may engage some other lawyer, or your lawyer may send some of his junior or associate.

I would advise you to engage some other lawyer who may represent you efficaciously.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

You may go yourself and appear in the court and ask the time for submission of reply. There is no mail or courier facility in such situations and you have to present your reply at the counter. You lawyer may send his proxy.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. You can very well appear as a party in person and file the reply.

2. You can go to the court hall directly on the date of hearing and submit it before court.

3. No way.

4. No.

5. What report? you can ask your lawyer to depute somebody for this purpose.

6. read the above answer.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

1. Emails to registrar will produce no result. Have you paid the settled fee of your lawyer? If yes, your lawyer is bound to appear on all the dates. Since your lawyer has abdicated his professional duties by not appearing before the court on the dates appointed for hearing you should immediately engage another lawyer lest an adverse gets passed against you.

2. Sending mails will be an exercise in futility.

3. What your lawyer can and should do if he has been paid his settled fee, but is not doing, is to appear before the court on the dates fixed for hearing.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

this is straight law - the Supreme Court has passed an important judgment wherein custody of child initially residing in the US and later on brought to India by father was disputed. The Supreme Court in the case has rendered a detailed analysis of legal principles involving ‘intimate contact’ of the child with the place of repatriation and principle of comity of courts over the welfare of child. The Court has referred to plethora of judgments in the case to whittle down to the inference that welfare of child is of paramount consideration and principle of forum convenience has no place in cases where custody of child is disputed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The child's welfare is paramount importance.

It depends on how you present the same before the court to convince the child's interests when the same is with you under your care and custody.

You may also clearly explain that what all difficulties and hardships the child may face when the custody is given to him .

You can take the help and assistance of another lawyer if your current lawyer is not able to help you out in this regard.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

SC in Mausami Moitra Ganguli v. Jayant Ganguli, JT (2008) 6 SC 634, held that the first and the paramount consideration is the welfare of the child and not the right of the parent.

47. We observed;

"The principles of law in relation to the custody of a minor child are well settled. It is trite that while determining the question as to which parent the care and control of a child should be committed, the first and the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute.

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1)Section 32 of the Advocate’s Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate.

2)you cannot send reply through courier.

Citation

RADHA SINHA W/O SHASHIKANT PRASAD D/O BIRENDRA PRASAD....Applicant(s)

V/S

STATE OF GUJARAT

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

See if the following judgment is of some use for you:

https://indiankanoon.org/doc/1073685/

Reards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir you can site the citation at time of arguments in the reply you can substantiate the facts. Further there is no judgement citing that fundamental right of child is above parents rights though the child welfare is paramount issue,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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