How to vacate stay in Highcourt 498a.

559 votes

The advocate appearing for the opposite party generally cannot act as a mediator in the same dispute where a conflict of interest arises. You may complain to the Bar Council if professional misconduct is supported by evidence. Obtain your case records and seek independent legal advice regarding the stay and alleged adultery evidence.

Advocate Ravindra Anjaneyulu LawRato

877 votes

If the mediator was actually the husband/petitioner’s advocate or closely connected counsel, her participation as mediator may raise a serious independence and conflict-of-interest issue. A mediator must act neutrally and cannot use mediation to prejudice either party. You should immediately place the facts before the High Court and the concerned Mediation Centre, seek appropriate directions regarding the mediation, and preserve all records showing the relationship and role played. If there is credible evidence of professional misconduct, an appropriate complaint may also be considered before the State Bar Council under the Advocates Act. Separately, if your advocate failed to file a counter despite instructions, consider changing counsel and urgently seeking vacation/modification of the stay, supported by the relevant documents and your adultery allegations. Do not rely merely on allegations—place admissible evidence and the complete procedural history before the Court.

Advocate Pavani Kumari LawRato