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Regarding advocate not responding to my case


22-Jun-2026 (In Divorce Law)
My wife has logged 498 case on me and my parents parents applied for quashing and court gave stay in first hearing my wife refused notice and judge gave another date for hearing after 3 months and 2nd hearing date has approached when I am calling my advocate he is not responding to my calls if he responds he is saying matter is not listed now what to do can I change a lawyer without approaching him on next date will judge quash the case as she is not appearing
Answers (3)

Answer #1
843 votes
Since a quash petition is pending and an interim stay has already been granted, the matter will be decided on its own merits. Mere non-appearance or refusal of notice by your wife does not automatically result in quashing of the FIR. You may engage a new advocate at any stage and
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Answer #2
969 votes
yu should change your advocate by taking NOC,No objection you should take,Inform in the court to a judge,that yu want to change a Advocate,Your taking No objection to change a Advocate,that's it,so that yu will get a time from court
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Answer #3
873 votes
The fact that your wife refused to receive notice does not automatically result in quashing of the FIR. A 498A case is quashed only on legal grounds such as absence of prima facie allegations, abuse of process, settlement, or other substantial defects—not merely because the complainant is not appearing. You are at liberty to engage a new advocate if you are dissatisfied with your present counsel. However, before taking any decision, verify the actual case status through the High Court case records/listing. If the matter is pending, ensure proper representation on the next date of hearing. Since an interim stay has already been granted, continue pursuing the quash proceedings diligently. Non-appearance or refusal to accept notice by the complainant may be a relevant circumstance, but it is not by itself sufficient to secure quashing of the criminal case. Consult your counsel regarding the current stage, listing status, and strategy for final disposal of the petition.
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