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(Guest)

Right to legal representation

Is this correct ?

 

Section 13, Family Courts Act, 1984 - Right to legal representation - Notwithstanding anything contained in any law, no party to a suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner;

 
Provided that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as Amicus curiae.
 
A bare reading of the said provision prima facie appear to have put a bar for engagement of Advocates by parties in a proceeding before the Family Court and only when the Family Court considers it necessary in the interest of justice, it may seek assistance of a legal expert as Amicus curiae. In this connection, Rule 27 of the Family Court (Orissa) Rules, 1990 is also a relevant. Said provision is quoted below:
 
A party will be entitled to take legal advice at any stage of the proceeding either before the counsellor or before the Court. A party in indigent circumstance will be entitled to free legal aid and advice.


Learning

 3 Replies

Msk-need -nuetral- laws (self)     10 June 2014

Yes, you can represent through lawyer especially when your stay is abroad and your livelihood depends on your stay.


(Guest)

My Q is can i send a letter directly to the court responding to the case filled? informing all the facts ?

Gautam Kapoor (IT professional Studying Law)     11 June 2014

:) for the 92% happily not so rich married Indian women ignorance comes as a welcome bliss as their children are not deprieved of either of the parents and not made to run around family/criminal courts.Hope this is not your case.

It is only the 8% NRI's.techies, Software engineers,PR,HSMPC,CA,Managers whose children need to run around in family/criminal courts when their fathers can easily afford them the world accalaimed universities.

CHEERS. LAST REPLY


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