ecourt case stage and lawyer not in sync

536 votes

No, based on the facts stated, it would not be appropriate to conclude that your lawyer is lying merely because the case status shows “Defect Removal.” This generally indicates that certain objections/defects were raised at the filing or scrutiny stage and were required to be rectified. Even after rectification, the online case status may take some time to reflect the updated position. However, you have every right to independently verify the status of your own divorce case. Ask your lawyer to provide you with the CNR/filing number, copy of the petition actually filed before the Court, filing acknowledgment and the defect memo/objection, if any. You can also check the case status yourself through the official eCourts portal/app without depending entirely upon your lawyer. The delay of around 1.5 months in filing is a separate matter. If your lawyer is unwilling to provide the filing documents or if the information provided by him is inconsistent with the official court record, you may obtain the case record/status independently and, if necessary, consider changing your advocate. At this stage, first verify the court record before making any allegation against the lawyer.

Advocate Madhumita Chand LawRato

771 votes

“Defect Removal” generally means that, during the court’s scrutiny of the filed papers, some issue has been noticed which needs to be corrected before the case can proceed further. These may be technical matters such as missing signatures, improper documents, court-fee issues, formatting, or other filing requirements. However, the presence of “Defect Removal” does not automatically mean that your lawyer has made a serious mistake. Sometimes defects are minor and are corrected by the filing section before the case moves to the next stage. You can check the case status yourself through the concerned High Court/District Court’s official case-status system using your case number or filing number. If a defect memo or scrutiny report is available online, you may also be able to see the details. Instead of waiting until October 6, it is reasonable to ask your lawyer for the exact defect memo/status report and confirmation that the defects, if any, have been removed. Since you had already prepared the draft, you should also ask for a clear update on what has been filed and what stage the case is presently at. For complete clarity, you may share the case number/filing number and court name, and we can help you understand the present status and what the next step should be.

Advocate Benjamin Sishu LawRato

582 votes

You do not necessarily have to depend on your lawyer’s verbal explanation; you can check the case status yourself through the official eCourts portal using the CNR number, filing number, case number, or party name. “Defect Removal” on September 2 does not automatically mean there is a serious defect in your divorce petition—it may simply mean the registry found something that needed correction, so you should check what exactly was recorded and whether it has been cured. Ask your lawyer for the CNR/filing number and a copy of the defect report/order/proceeding dated September 2, and check why October 6 was fixed as the next date. His delay in filing and his current statement that there are “no defects” do not by themselves prove he is lying, but if he refuses to give you the case number or documents, that is a reason to seek clarification or consider consulting another lawyer.

Advocate Mahadev Sahu LawRato