maintaince case

Question

► Hi, I am my sister’s brother and the person who has suffered harm. My sister was married in 2021, and soon after, we learned that her husband is impotent and has had schizophrenia since childhood. His parents allegedly forced the marriage despite knowing about his medical condition. When my sister discovered this, she went to his parents with supporting medical reports. They then verbally abused and harassed her. A few days later, we learned about the situation and raised the issue again, but received only evasive and unreasonable responses. In January 2022, we filed a Domestic Violence Case (DVC), a Maintenance Case (MC), and also lodged a police complaint against him and other family members. They did not respond to the court notices. After about a year, an advocate commissioner was appointed and the notices were served again through that process. Later, the defendant’s lawyer filed vakalatnama. It took nearly two years to complete the cross-examination of PW-1 (my sister), followed by another year to complete the cross-examination of PW-2 (my father). Now the defendant’s advocate is required to file evidence, but has repeatedly delayed it on nine occasions after PW-2’s cross-examination. What steps should we take at this stage? defendant advocate delaying the case , Can I file a complaint against the defendant’s advocate with the Bar Council? What steps should I take?

Answer 1

Dear Client,

You should first push the court itself, not the Bar Council, because the main problem is delay in the trial, not (yet) the advocate’s professional ethics. Ask your own advocate to file a short written application praying that the defendant be directed to file his evidence immediately, if he fails, the court may treat it as waiver of evidence and proceed to decide the case on the evidence‑on‑record, and expenses/costs be imposed on the delaying side. If the court repeatedly grants adjournments without good reason, you can also move for ex‑parte proceedings or expedited/daily‑hearings and, if the local court is not acting, approach the High Court under Article 227 with a writ or revision complaining of inordinate delay and seeking directions to conclude the evidence‑stage.

You can file a complaint against the defendant’s advocate with the State Bar Council, but only if you have strong proof of professional misconduct or deliberate misuse of process (e.g., clearly unreasonable postponements, frivolous adjournment applications, contempt of court‑orders). Such complaints are usually in writing, with affidavit and copies of case orders, and the Bar Council may reprimand, suspend, or debar the advocate, but this route is secondary and slower and should follow if the court itself does not control the delay.

I hope this helps and if you have any further issues do not hesitate to contact us.

Answer 2

Dear Client, your sister has been through a great deal and her legal position is genuinely strong. Let us address both the grounds of her case and the serious problem of deliberate delay by the other side.

On the marriage itself, the concealment of the husband's impotency and lifelong schizophrenia before the wedding gives your sister two clear and independent legal grounds to challenge the marriage entirely.

A marriage can be terminated under the Hindu Marriage Act 1955 if a husband is unable to have sexual relations after marriage and this inability is confirmed by medical evidence. Your sister can pursue annulment based on proofs of impotence provided by her husband's physician and the verified concealment of his mental illness from your sister prior to the wedding. Since courts strongly disapprove of families not disclosing cases of congenital disease or known psychiatric conditions, and if both types of concealment are present, then your sister may have stronger grounds for seeking annulment than for filing for a divorce from her husband.

The nine adjournments taken by defendant's do advocate to provide their evidence is a deliberate obstruction and the court has the power to act decisively against it. Your advocate should file an application seeking that the defendant lose his right to lead evidence because of numerous unjustified failures to comply with the procedural rules. The courts are well within their power to refuse to allow further delays of this type, and the Supreme Court (Salem Advocate Bar Association v. Union of India, 2005) has stated that the courts must prevent the abuse of the process by taking the necessary steps to ensure the timely disposition of all matters before them.

Do not let this continue to a tenth adjournment.

Regarding your question about whether or not to file a Bar Association complaint against the defendant's attorney, you are entitled to do so. The complaint must be submitted to the appropriate state Bar Association where the attorney is licensed with a verified signature on the petition.Deliberate and repeated tactical delays are recognized as professional misconduct under the Bar Council of India Rules, and the disciplinary committee can impose consequences ranging from a formal reprimand to suspension from practice. File the Bar Council complaint and the court application to close evidence at the same time both together send an unambiguous signal that the delay will no longer be tolerated.

I hope this helps, and if you have any further issues, do not hesitate to contact us.

maintaince case

2 Answers