No stay on proceedings obtained due to demise of advocate, what to do?


Hello Experts, My wife filed 498a in Bangalore and then after 2 months filed DV and other cases at her native place in Tamil Nadu. I then applied for a Cr. Transfer petition in the Hon'ble Supreme Court in APRIL 2015.The wife side did not file their response and continued taking time for a year (don't know how SC registry can give so much time) and finally did not file their response. The advocate from TN deceived us and finally I had to get another advocate to get a hearing and was disposed off only in JAN 2017. Now that I could not even get a stay due to the deceit of my first advocate, will the time spent in Hon'ble SC considered as default STAY as it is the highest court of the land or I have to pay the interim maintenance for the whole period if ordered by the lower court. How can I get over this and how can I convince the lower court that the delay was due to the respondent taking a very long time to file their reply yet not filing it and deceit of my first advocate.

Answers (1)


138 votes

The system is like that. The Supreme Court cannot sit and decide small family matters with its little infrastructure. You are born in India and cannot seek justice within hours. You cannot get any relief in lower court on the ground of delay in SC. You may at the most claim compensation against your advocate who had cheated you.


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