Legal Question in Criminal Law in India

For my devorce case, I consulted a judge as my legal advisore. He suggested an advocate to fight the case. He told me - that advocate is very responsible towards his client and has good knowlage of divorce case. That advocate has more than 25 years of experience. Finaly dicided to file the case on the supervision of that advocate. The points that I described them are related to fraud. I was not awar of ground of divorce. They told me that fraud is not a ground of divorce. They show me the SMA book also, and I found it is true. But didn't tel me that it is ground of Annulment. They suggested me that due to that fraud I have got lot of mental torture, so it will comes under mental cruelty. As per his suggestion, I filed the case u/s 27 special marriage act (SMA). Later I found they were helping oposite party to dismiss the case by febricating a statement against my SMA certificate.
Is it ethical or responsibility of a judge/advocate - inside/outside the Court premisses - providing wrong information to a person, who will file the case under their supervision - and finaly support oposite party to dismiss the case?
Is it not a crime? How can I solve the issue?

Asked on 5/17/11, 10:25 pm

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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I endorse your feelings and agrees to this unethical behavior of judge and lawyer of misleading the client and top it all to help the other party for illegal gratification. You can file a complaint before the state bar council in which the lawyer is practicing and i am sure the bar council would take stringent action against the lawyer. Make representation before the chief justice of the high court against the judge to initiate proceedings against the judge concerned as well.

Answered on 5/18/11, 12:07 am

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