Arrest-125(3) CrPC -after 2.5 years, with condonation- Reason: Advocates Professional misconduct
Respected Learned Counsels,
I am the Petitioner wife, I Filed an M.C (maintenance case) suit on Dec 2019 Under section 125 Cr.P.C.
The Maintenance order was passed in District Family Court on Apr 2021.
Inspite of repeated request made by the Petitioner Wife to Petitioner’s advocate ADV1 who handled this case, to apply for Execution, the advocate ADV1 did not apply for Execution. He did not cooperate with the Petitioner. He cited various reasons from family function to heart attack and dragged on.
After 1 year 8 months, i.e: on March 2023, Petitioner's advocate ADV1 called the Petitioner and lied that the Respondent Husband has took away the Maintenance order and it is missing. He said he will call me once the order is found.
Now on Jan 2024 the Petitioner hired another Advocate ADV2 , who took 'Copy of Document' and found out maintenance order was present and not missing.
Can the Petitioner's new Advocate ADV2 put a C.M.P for enforcing execution by arrest u/s 125(3) Cr. P.C , after 2.5 years, with condonation of delay citing the reason the advocate citing the reason Professional Misconduct of ex-Advocate ADV1 (who lied that the Maintenance order is missing )?
Thanks in advance for your answers