Legal Question in Family Law in India

Lawyer has not turned up

Hi My friend has charged a divorce case against her husband because of physcally abusing her . She went to the court today but somehow her lawyer did not turn up and neither her husband . the lawyer is not responding to any of her calls . The judge has asked them to come again on 29 th . She is in a dilema as to what to do next . Rehiring another lawyer in 3 days is difficult because her husband will come on 29th . What can she do ? Would the judge pass a verdict ? Can u charge the lwayer with contempt of court ? what are her options ? She has lost faith in the judiciary ? May be the lawyer has been bought by the other party . Please anwer . This is urgent


Asked on 8/26/08, 10:30 am

6 Answers from Attorneys

ujwala mandgi anantmandgi&associates

Re: Lawyer has not turned up

Your freind can file a memo before the court stating that she wants to engage the services of another lawyer as she is distisfied with the services of the present lawyer.

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Answered on 8/27/08, 3:17 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Lawyer has not turned up

Talk to lawyer and hire some other good lawyer

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Answered on 8/28/08, 7:24 am

Re: Lawyer has not turned up

I had carefully gone into the facts narrated by you in your reference.

Its better your friend should talk to her lawyer directly.If her lawyer is not at all interested to appear in her case or she has lost her trust in her lawyer then she has to rehire another lawyer.

As far as passing of erdict is concerned it depends at what stage your friend's is.

This conduct of lawyer does not amount contempt of court as it is not against an order of the court.

Your friend should keep faith in judiciary . Conduct of lawyer can not affect sanctity of judiciary.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

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Answered on 8/26/08, 11:24 am
vimal shanthilal Vimal Law Associates

Re: Lawyer has not turned up

Not all the lawyer are of similar nature and assure you, there are good lawyers and have faith in the courts too.

As far as the next hearing is concerned she may appear and plead the court for appointing a new lawyer if the earlier one does not turn up and even if comes she has lost faith in him. May be she will have to get a no-obtain from the earlier lawyer if decides to appoint a new lawyer to ensure there are no dues from her to the lawyer earlier.

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Answered on 8/26/08, 1:08 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Lawyer has not turned up

You should inform the judge about conduct of your lawyer and also your apprehensions.

The Court will most likely grant you sufficient time to engage another Advocate of your choice.

You are also entitled to present your case in person till you engage another lawyer.

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Answered on 8/26/08, 1:47 pm
Nandita Haldipur Haldipur Associates

Re: Lawyer has not turned up

you can appear before teh court and seek time for changing teh lawyer

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Answered on 8/28/08, 12:32 am


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