Grievance about advocate permitted by power of attorney holder of petitioner
Dipak
(Querist) 04 December 2015
This query is : Resolved
A petitioner executed power of attorney to appoint advocate and for divorce proceedings in family court. The POA holder of the petitioner was not authorised to address the court, though the permission to engage advocate for the petitioner was sought by the power of attorney holder of the petitioner (instead of the petitioner himself/herself) before summons notice to respondent side. However, the family court granted permission to engage advocate for the petitioner to the power of attorney holder of the petitioner without hearing to respondent, before the summons notice to the respondent and without recorded the reasons for granting such permission. Then the power of attorney holder appointed the advocate and the advocate has presented the contested divorce petition in family court. The family court has not made any effort for amicable settlement between parties and the petitioner has not been presenting himself/herself in the family court till date but his/her advocate and power of attorney holder have appeared in court.
Respondent has objection/grievance about the order of granted permission to engage advocate for petitioner because- 1. The family court has ignored the fault of the petitioner for seeking permission to engage advocate not by himself/herself but by the power of attorney of the petitioner. 2. The order was made without hearing to respondent. 3. The advocate cannot be permitted in family court in normal circumstances. 4. The family court has granted permission without recorded the reasons for granting such permission.
Que: What possible steps can be taken by the respondent if he/she want to revoke the permission granted by the family court to engage advocate for petitioner?
P. Venu
(Expert) 05 December 2015
How are you related to the issue?
Anupam Lahiri
(Expert) 05 December 2015
Normally, Advocates are not allowed in Family Courts. However, considering the nature of the case, if the Court grants the permission, it is only an exercise of discretion. On that basis, only the respondent gets the opportunity to engage an Advocate. The order of engaging Advocate cannot be challenged.
Dipak
(Querist) 05 December 2015
@Mr.P.Venu,
I am from respondent side.
Dr J C Vashista
(Expert) 06 December 2015
Submit an application before the Family Court to review its decision, if dismissed, move to High Court in revision.
However, how respondent is aggrieved by the order of Family Court by granting permission to the petitioner ( through his PAO) to appoint advocate and proceed?
Anupam Lahiri
(Expert) 06 December 2015
As already said, it is not a fit case for filing any appeal
Rajendra K Goyal
(Expert) 06 December 2015
Agree with the expert Dr J C Vashista.
Dipak
(Querist) 07 December 2015
@ Dr J C Vashista,
Thank you very much for reply and suggestion. Now, I am presenting my reply here regarding your question in earlier post.
Question from Dr. J C Vashista: How respondent is aggrieved by the order of Family Court by granting permission to the petitioner ( through his PAO) to appoint advocate and proceed?
Reply from respondent side:
Due to the order of Family Court by granting permission to the petitioner ( through his PAO) to appoint advocate and proceed, petitioner can be prevented to appear in person in family court and the respondent cannot get chance for conciliation/mediation with the petitioner and the respondent cannot get chance to reunite of their family life.
Now, the other details of the case which I forgot to mention:-
1. The respondent wants conciliation, although family court has not referred the matter to amicable settlement between parties. The family court and advocate of the petitioner insists to respondent for filings reply/written statement.
2. There are no details of the order of the family court mentioned in the Rozkam (Rojnama of proceedings) of the court.
K.S.Srinivas
(Expert) 10 December 2015
There is no to the respondent to revoke the permission granted by the family court to engage advocate for the petitioner, since the court has already granted permission at its discretion.
Dipak
(Querist) 10 December 2015
@K.S.Srinivas,
According to Section 9 of the family court (High Court Rules), 1999 of Gujarat High Court, "Permission so granted may be revoked by the Court at any stage of the proceedings, if the Court considers it just and necessary."
K.S.Srinivas
(Expert) 10 December 2015
Yes Mr Dipak I correct myself. Rule 37 of the Family Courts (Court) Rules, 1988 also permits revocatio. Thanks for your correction.
Rule 37 of the Family Courts (Court) Rules, 1988 :
"37. Permission for Representation by a Lawyer: The Court may permit the parties to be represented by a lawyer in Court. Such permission may be granted if the case involves complicated questions of law or fact, if the Court is of the view that the party in person will not be in a position to conduct his or her case adequately or for any other reasons. The reason for granting permission shall be recorded in the order. Permission so granted may be revoked by the Court at any stage of the proceedings if the Court considers it just and necessary".
Dipak
(Querist) 17 December 2015
I have to put the judgment/citation in court which indicates that," Power of attorney holder of the petitioner cannot seek permission to engage advocate for petitioner and if the petitioner wants 'representation' by a Legal Practitioner, he/she should seek and obtain the permission of the Family Court."
Does the judgment mentioned at below applicable to my matter?:
Supreme Court of India
Goa Antibiotics & ... vs R.K.Chawla And Anr on 4 July, 2011"
