Legal Question in Family Law in India
Dear Mr. Arya
Thanks for your detailed reply. Yes it is forgery not only with me but also with the court. This lawyer who cheated was a friend of a very good friend of my old father. We did not know about this fraud till we saw the file in the court. The cheated lawyer misused the vakalatnama and wrote "The divorce petition is withdrawn on my instructions" He took long dates and summons were also not issued to the other party. Now whatever happened, I can't rectify but I will have to set everything right to avoid further damage. I do not wish to take any revenge against the cheated lawyer and delay my proceedings. I am gonna file another fresh application stating " The divorce peitition was filed earlier and withdrawn due to misleading info given by the counsel. I hereby request the court to take speedy action in the divorce proceedings and give an early date for hearing before the court holidays. The respondent should be sent summons without further loss of time".
A) I heard the withdrawn petition can't be restored coz it is not dismissed. Also sec 14 application is also attached and summons are not issued so It can't be done. If we do then the court will issue summons to the cheated lawyer and it will delay the whole process. The objective will be lost till we see something is happening right.
B) Also if we wanted to do some changes in the divorce petition but making the amendment will show the contradictory statements so I am thinking to file the same divorce petition but add more documentary evidences which I think can be added at any time till the evidence matter is heard and conclude.
Kindly share your input on A) and B)
Best Regards
2 Answers from Attorneys
A) I heard the withdrawn petition can't be restored coz it is not dismissed. Also sec 14 application is also attached and summons are not issued so It can't be done. If we do then the court will issue summons to the cheated lawyer and it will delay the whole process. The objective will be lost till we see something is happening right.
on withdrawal the order is petition dismissed as withdrawn. It is this order which one would challenge having been obtained on fraud and misrepresentation and on a request without authority. there are precedents where the courts have restored suits etc. Yes, court might want to summon the lawyer.
B) Also if we wanted to do some changes in the divorce petition but making the amendment will show the contradictory statements so I am thinking to file the same divorce petition but add more documentary evidences which I think can be added at any time till the evidence matter is heard and conclude.
Yes, in the new petition you may add averments, keeping in mind that they do not contradict earlier stand taken by you. However typographical errors can always be corrected. You may add as many evidence as you want even in new petition. But had the petition been continuing, then with the permission of court, new documents could have been filed.
you may try to get the earlier petition restored, and the Court may also restore the same. But for that matter of fact it is to be seen as to how much time has elapsed from the date of withdrawn till today.
Secondly yes you can file another petition with extra facts, but it is to be also seen that nothing should be concealed from the Court and or nothing wrong should be stated.
FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]
DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
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