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Pavankumar   10 January 2023

Designating father as lawyer with the help of advocates.

Dear sirs and madams,

I am a woman struggling to survive against politically very powerful husband and in-laws. I have been a victim of domestic violence, who escaped attempts on life of myself and my child. I asked my father to take me from my husband's house and now I am staying with my parents since 3 years. Now my child is nearing 4 years. I have to admit the child to school. But we fear for his well being. So we want to take protection from court.

But the problem is that since my husband and in-laws are very powerful, they can put tremendous pressure on my advocate both politically, financially and by force also. They can force my advocate to give in to their interests or make my case weak. I cannot take that risk. Earlier I had given police complaint but my in-laws influenced them and the police didn't take the complaint but instead forced me go to my in-laws. Now if I go to court they will do the same to my advocate also.

So I was thinking of the idea to appoint my father (but he is not an advocate) to represent my case on my behalf and then take the help and guidance of different advocates to file and run my case. And later when the need arises for argument, I could arrange an advocate specifically for that.

If I feel that any advocate is siding with my opponents, I could easily drop him and I could take the advise of another advocate. Since my father will be representing me and I will not be giving vakalat to any one advocate but I will only be taking advise and appointing different advocates for different purposes I can rest assured that my case is not derailed by my opponents.

Can this be done? Is there provision for this in the law? Will court accept this?

Please give me guidance in this regard. Thank you.



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 January 2023

You engage different advocates no one clearly knows the facts and it is very difficult for other advocates to argue.  You opine your inlaw's family influence the advocates but all are that.  Most lawyers stand up for their clients. So inquire who is stubborn in cases, and select one of them.  But different lawyers at every stage are not correct in my view.

Real Soul.... (LEGAL)     11 January 2023

Just make a petition with the help of any petition writer or an advocate and sign the petition as petitioner and submit by yourself as petitioner.

Do not give POA to any advocate that is when you give them Vakalt nama POA they will not disengage easily then they can create problem, Better folow the case through your father and yourself. When you need an advocate for arguments or witnesses just give POA  conditional POA and applicable for only one hearing, that is important. So that you need no NOC from that advocate to dis egngage . Never give original documents to Advocate in your case and keep excat copy of file as that of court file with you and keep updating.  You can write in POA applicable for one hearing only and upon the appearance in court the POA will teminate and no NOC is requiered from Advocate. Just make the POA in that way. 

these are tips ; finally if you are graduate qualify LLB and be your won lawyer

1 Like

Pavankumar   11 January 2023

Thanks @Realsoul, you are really a real soul.

You have given me a valuable feedback. I greatly appreciate your guidance.

Thanks a lot.

sign the petition as petitioner and submit by yourself as petitioner

Read more at: https://www.lawyersclubindia.com/forum/designating-father-as-lawyer-with-the-help-of-advocates--227692.asp#reply
sign the petition as petitioner and submit by yourself as petitioner

Read more at: https://www.lawyersclubindia.com/forum/designating-father-as-lawyer-with-the-help-of-advocates--227692.asp#reply
sign the petition as petitioner and submit by yourself as petitioner

Read more at: https://www.lawyersclubindia.com/forum/designating-father-as-lawyer-with-the-help-of-advocates--227692.asp#reply
sign the petition as petitioner and submit by yourself as petitioner

Read more at: https://www.lawyersclubindia.com/forum/designating-father-as-lawyer-with-the-help-of-advocates--227692.asp#reply
sign the petition as petitioner and submit by yourself as petitioner

Read more at: https://www.lawyersclubindia.com/forum/designating-father-as-lawyer-with-the-help-of-advocates--227692.asp#reply

R.K Nanda (Advocate)     11 January 2023

give POA to your father to conduct your case.
1 Like

Pavankumar   13 January 2023

Thank you sir, for your kind reply.


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