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A maintenance case (MC suit) was filed in December 2019, and the maintenance order was passed by the District Family Court in April 2021. Despite repeated requests by the petitioner (wife), her advocate (ADV1) failed to file an execution petition. After 1 year and 8 months, in March 2023, ADV1 falsely claimed the judgment was missing. In January 2024, the petitioner hired a new advocate (ADV2), who obtained a certified copy and confirmed the order was never missing. Can ADV2 now file a C.M.P. (Criminal Miscellaneous Petition) for execution and arrest under Section 125(3) CrPC, along with a petition for condonation of delay, citing professional misconduct by ADV1 as the reason?
Yes, your new advocate (ADV2) can file an execution petition under Section 125(3) CrPC and request condonation of delay, explaining the delay was due to the previous advocate’s misconduct. Courts can consider such genuine reasons. Also, consider filing a complaint against ADV1 with the Bar Council for negligence and misguiding you. For further legal assistance contact us on our helpline number.