Appearance in Court?

Trinadha Rao (Querist) 15 February 2010 This query is : Resolved
Que:1.Once Some one Appoints a Lawyer is it OK to skip personal appearances in Divorce case in the Family Court?

Que:2.Which are the major dates oe events when one need to attend in Person Beside the Lawyer in the above mention case?

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Raj Kumar Makkad (Expert) 15 February 2010
1. No. Such person is required to appear on some hearing in person along-with his counsel.

2. conciliation & his evidence

ad. creaminall (Expert) 15 February 2010
divorce case is a presonal dispute and a person should must present before the family court. some of the judges of the family court at bandra were not allowed the advocate to interefere in the matter stating that it is a personal dispute between husband and wife.
even after appoint an advocate a person can skip personal apperance for some dates when the matter adjourned for misc. steps.

Parveen Kr. Aggarwal (Expert) 15 February 2010
Section 13 of the Family Courts Act, 1984 reads as under:

"13. 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."

As such, a Family Court requires attendance of the parties to the litigation on each and every date of hearing and representation by a legal practitioner cannot be claimed as a matter of right.