Mr Sreejit (seek4sridhar@yahoo.com) 21 November 2021

Can a advocate husband argue for his wife in civil suit?

In a civil suit where Adv. Husband and Wife are defendants, the Husband argues for himself. Here, can he also argue for his wife as 1. Her counsel as per Advocates Act, or 2. As legal representative of Wife due to his family relation to protect the interest of his wife. Please clarify. Thanks.

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6 Replies

Shashi Dhara 22 November 2021

He can argue by filing vakalat for wife ,no law restricts.

N.K.Assumi (Advocate) 22 November 2021

There is no Acts in India, prohibiting such appereance for an advocate.The only exception is under the Advocates act, not to appear before a judge who is a close reltive of the Advocate like brother,uncle and father or mother etc.

Anaita Vas 22 November 2021

Other than in the following circumstances, an advocate can represent a member of the family:

1. An advocate is not permitted to appear in any case in which the result will advantage him or her financially. An advocate, for instance, cannot represent a person in a suit to divide Joint Family Property in which he or she has a portion.
2. An advocate is not permitted to appear in a case in which he or she is or may be a testimony. For instance, an advocate cannot testify in a case in which one of his family members is charged with assaulting another.

3. An advocate may not practise in a court where the judge is a father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law.

If the advocate does not follow these guidelines, disciplinary action may be taken against him or her.

So, he wll be his wife's legal counsel.

Regards,

Anaita Vas

P. Venu (Advocate) 22 November 2021

Has the husband filed the vakalat?

Dr J C Vashista (Advocate) 24 November 2021

Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules. These rules have been placed there under section 49(1)(c) of the Advocates Act, 1961.

Refuse to appear in front of relations

An advocate should not enter appearance, act, plead or practice in any way before a judicial authority if the sole or any member of the bench is related to the advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.