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Rangarajan (Consultant Physician)     02 July 2011

Is Advocate compulsory?

Dear Forum,

 

Upon my petition, FC granted divorce and my ex-wife appealed against it at the HC which immediately granted interim suspension. I just came to know that it’s my own Advocate who filed her appeal (using his junior’s name). I now need to respond.

 

Is it compulsory for me to engage an Advocate? Is it ALWAYS advantageous to depend on Advocate?

Can't I defend myself personally? Will it be the HC’s discretion or is it my right?

Where can I get an outline of the likely procedures & timeframes involved?

 

 

What exactly happens in a HC appeal?

It's a re-visit of the entire case (relying on the findings of the trial Court) by a wiser and more learned team of Judges to re-examine the observations & conclusions made by trial Court. And it does not involve or entertain any new issues outside of the documentation from the trial Court. Is this right? Please advice.

 

Hope learned members can enlighten me. Thanks.

Rajan



Learning

 11 Replies

Tajobsindia (Senior Partner )     02 July 2011

@ Author

1.
If you are confident that you can submit arguments on merit and point of law before a DB at concerned HC then you may argue party in person. BTW a person can defend himself even before Hon'ble SC if he knows persuasion based on Law points.


2. The quoted (blue) is some wise man's wisdom already given to your other que. hence I am not placing myself in same shoes for the sake of brevity.

1 Like

Rangarajan (Consultant Physician)     02 July 2011

Hi Tajobsindia,

 

 

Thanks for prompt reply. After elaborate trial FC granted divorce on cruelty & desertion grounds. Would you say there are lots of law points involved which are normally outside the awareness of ordinary people? Please suggest.

 

Thanks.

 

Rajan

Tajobsindia (Senior Partner )     02 July 2011

Yes, that is why we are being survived courtesy our expanding client base ;-)


Off the briefs
(a hint);   do bring to notice of Hon’ble DB of HC ‘collusion’ of your last ld. Advocate now becoming her ld. Adv. which is very unusual though happening so fast in a FC case !

 

 

2 Like

Rangarajan (Consultant Physician)     02 July 2011

Hi Tajobsindia,

 

 

The text in blue is not extracted from any other reply or material. It is in my own words of what I understood. Is it right? Appreciate if you add something valuable to it.  Of course you did mention "  some wise man's wisdom......" which already validates it.

 

Thank you very much.

 

Rajan

Tajobsindia (Senior Partner )     02 July 2011

"a wise man does not need validation from servers end :-) "


BTW: you are on right path follow your intution read with wisdom


[PS.: Last post of mine, let others throw their wisdom]

1 Like

Rangarajan (Consultant Physician)     02 July 2011

Hi Tajobsindia,

 

Thanks very much for those words.... " you are on right path follow your intution ..."

 

You cannot believe how much strength it has just given me. God Bless You.

 

Thank you very much.

mahendrakumar (marketing)     02 July 2011

I feel,for arguing your case,you can put a better defence.


this is based on my  myexperience as a lay man on various courts of law.especially on civil matters.

 

You can get lot of relevant materials from various sourfces and forums like this.

 

now a days with the computerisation of all court proceedings,it is easy to track the developments.

 

I had my first case at High court about 20 years back,wherein there were  lot of administrative/procedural hurdles.(unless you had some contact at the court,you wont even know,when is the hearing of your case even)

good luck.

1 Like

Rangarajan (Consultant Physician)     02 July 2011

Hi Mahendrakumar,

 

 

Thanks for the encouragement. I agree with you about the avenues available for information as also about the likely hurdles, but nobody knows (or will ever know) my divorce case as well as I do. And nobody can feel what I feel for myself. I am willing to face the hurdles to represent myself.

 

Thanks.

 

Rajan

Jamai Of Law (propra)     02 July 2011

Tajobs ji,

 

 

In your photo ................................... you look much younger than your wisdom!!! Probably to separate out your tensions in life and and probably don't let affect your health..... keep it up this way only..

:)

 

 

 

Rangarajan ji,

 

I would suggest you NOT to appoint the lawyer of your 'NOT yet to be exactly called ex-wife' or marriage under coma!! or by any way indirectly circumventing the breach of  "attorney-client confidentiality agreement and code of conduct".

 

 

In HC you have to defend in favour of the impugned decree on the point of law and facts.

 

 

But yet, unless the exact details are known.........................  it is not correct to say whether you can do it on your own or not!!

 

 

First of all husbands get get such decrees after a lot sweat and by conceding many other things ...... Average case cycle-time of "husband-plaintiffs" in divorce case is drastically huge than the opposite scenario. 

 

 

It's a re-visit of the entire case (relying on the findings of the trial Court  ......... here ........... "relying" means giving due deference to the findings of trial court but its not a restriction on HC. ) by a wiser and more learned team of Judges to re-examine the observations & conclusions made by trial Court  (Very rarely "observations and conclusions are deemed wrong otherwise it is called a landmark case!!!" ... but if those are based on erroneous facts and point of law then .... observations still aren't wrong!! they are still correct!! ............ but since they may be based on the base of erroneous facts they are challengeable and assailable !!!). And it does not involve or entertain any new issues  (not necessarily!!!...............HC has all powers to even allow new evidence in the ends of justice) outside of the documentation from the trial Court. Is this right?

 

I would not want to discourage you .................... from your pro-se endeavor .................but since you have already gone through the experience of a court trial ................................................  and hence your yourself is the best JUDGE to take a call !!!

 

 

Do let me know if I haven't confused you enough! :)

 

 

Cheers

JOL

Ravinder Kumar (Account Director)     02 July 2011

Mr. Rangrajan, My best wishes for you, I think you are taking a right decision.

@Mr. Tajobsindia & JOL:  I just have one doubt that since Mr. Rangrajan is not a qualified lawyer and have no experience with Hon. HC proceedings where lot of applications and other formalities are required plus there are many formats which he may have to use.

How do he counter those challenges. (Thou I know u guys are always there for his help :)  )

thanks & regards

mahendrakumar (marketing)     10 July 2011

go ahead mr.Rangarajan,if you feel there are no  avenues of patching up your relationship .

get familiarised with court proceedings more.  There are books available on such matters too like High court rules etc.


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