Legal Question in Family Law in India
Can we restore a divorce case if withdrawn by a cheater lawyer (vakalatnama misused by lawyer) without the knowledge of a petitioner. The divorce case was accepted by the court on special grounds before one year of marriage and also before the petitioner was hit by 498A.
Please advise taking into consideration a noble cause
PS: Kindly do not ask me to contact you for details as I do not intend to hire a lawyer. It may take a while. .
5 Answers from Attorneys
if there is a genuine ground you can restore by filling another Misc case.
You rightly said i need answers to many questions before i give you my legal advice.
how can you hire a lawyer ?is he /she a goods/ or things so that one can hire him or her.
only one can appoint a lawyer for their case. In future dont use this word for a lawyer/ advocate atorny.
you may file an application before the same court for setting aside the order whereby petition for divorce was dismissed as withdrawn giving the grounds detail of forgery not only with you but with court also. One cannot withdraw the case without instructions. you must inspect the court file carefully to see if he has filed any instruction from you also. Thereafter you may file the required application in person. You must file your affidavit along with application and pay court fee of Rs. 1.25
you may also take free legal aid including lawyer from the district court.