Argument behalf my advocate
umesh
(Querist) 07 January 2015
This query is : Resolved
Sir,
My sister DV case pending in Mumbai court .
Now maintenance application and u/s 91 – Application is pending .
In this feb month matter on argument stage.
But I think my advocate is not done argument properly . so can I possible to argument on behalf my advocate.
In absent on my advocate is that possible I am argument to opposite party .
I have good knowledge of MY Sister DV case .
I know the rule of DV Case .. .i am already study this case .
If yes what is the process .
Please help me .
Regards,
Umesh
Hardik Mehta
(Expert) 07 January 2015
Simple answer is NO. You may be the family member, but not the party of the DV case.
BTW, if you have studied the case and know the rules of DV, you would not have asked the question.
Dr J C Vashista
(Expert) 08 January 2015
@ Ummesh,
1. Can you enlighten and educate me on the provision of Section 91 of the Protection of Women Against Domesic Violence Act, 2005 as mentioned in your query?
2. Are you party to the case and want to address the argument as Petitioner or Respondent in person? or duly authorised by either of them? What is your locus standie to the case?
3. What sort of arguments do you want to address the court in absence of your advocate?
4. Proceed and get your sister's case spoiled for no reason/knowledge of law.
Rajendra K Goyal
(Expert) 08 January 2015
You can not argue in case of your sister.
umesh
(Querist) 09 January 2015
Sir,
Thanks for replay ...
I just want to know there is any way in low to i am take my sister case ...
i think my advocate not properly ready in every date ...so i want to help my sister .
i already paid all the fees so i cant hire other lawyer .
regards.
Umesh
T. Kalaiselvan, Advocate
(Expert) 12 January 2015
If your advocate is not reliable anymore, you may consider changing him though you have paid him the entire fees. You cannot in anyway be permitted to take up your sister's case before the court since you are not an advocate yourself.
