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Durgal (Student)     12 June 2011

Can i defend my sister in her divorce petition

my sister is respondent in divorce petition. it has been filed in 2001. the petioner had been dragging on the matter till now by influencing all our advocates. now our advocates are asking us what will we get if we win the case, indirectly asking us to give divorce. The Cross examination conducted by our lawyer is compeltely in favour of the husband. I'm well acquainted with the facts of the case, i'm still doing my second year in law. I would like to represent my sister as an agent, by taking Power of attorney from her and prosecute the case. Is it possible?


 8 Replies

pratik (self working)     12 June 2011


Durgal (Student)     12 June 2011

Dear pratik can u pls read this link and more specifically para 14. .

It says an agent who is not an advocate can represent a party in family court under sec. 13 of family court act under Rule 3 order 2 of CPC, even sec.32 of advocate act supports this.

pratik (self working)     12 June 2011

32. Power of court to permit appearances in particular cases.- Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.


Section 32 of the advocate act, 1961 of the above extract (UNDER THIS ACT) MEANS ADVOCATE ACT, 1961 only & not for any other purposes.



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.


Section 13 of the Family Court Act, 1984 say (as of right, to be represented by a legal practitioner) so it doesn't mean that a person who has not yet completed this 3 years LLB course can appear before the Honourable any court. 


Also there is a Judgment Passed By the Bombay High Court og Nagpur Bench which says that a person who has not completed his 3 years LLB course & not registred under BCI as an advocate canno't plead before the Hounrable any court. I couldn't find the case law but it is there. 


So it is my opinion not to appear.

But our india is a demorcatric country so everyone has the right to do as they wish.

God Bless U & Best Of Luck.

Durgal (Student)     12 June 2011

did u read the link specifically para 14 in it.

Tajobsindia (Senior Partner )     12 June 2011

@ Author

The suggestion is a big NO.

2. Evidences only a member of the Bar can give / cross examine and not men and agent of parties be it before Family Court established under FCA, 1984 !

3. It is better to re-open the case by citing lacuna(s) if your Law education has made you cross to such Legal Subject by hiring a better Advocate who can be trained as per your 'better' understanding of cause of action read as subject matter read with ‘materials on record’ to give your side victory in a divorce case.

Without prejudice to your sister's case, may I know what good winning a 8 years old divorce case will result into for your sister who has undergone so many social ups and down for nearly so long ? The precious years have gone by and mere 'divorce decree' is not about 'teaching" the other side a lesson at all. It is two opposite spouse in-compatibility read as failure to cohabit as husband and wife is all about by way of affixation by a ‘decree sheet’ at the end of such a long ordeal of hers. However I do not want to demoralize you a brother here fighting for your sister's cause.

All the best.


1 Like

Ramanathan G (Independent practice)     13 June 2011


You can represent, before any Court, including any Trial Court. But at first you should move a Misc Application.

But it is too late. Even if you get permission, re-opening Evidence is not easy.

A word of caution - Legal Evidence is very much different than what we think as an Evidence.

It is difficult to believe that, your Brother-in-law could bribe all your Advocates. In my 40 years of age, i can say that, at least in India that is not possible. We are religious mind and even own co-worker will send an Anonymous letter about such a person.

Please do stock-taking of Facts, prior to spending/ wasting your precious time to help your sister. Ultimately you may be held responsible for all her failures.

All the best.

1 Like

Dalip Kumar Chhabra (Advocate)     27 June 2011

Mr. Durgal,

You can get an authorisation in the shape of GPA and or SPA to represent your sister by including specific term in the deed to argue the matter and to assist her in progress of trial including cross examination, evidence etc.etc.   Even court u/s 151 CPC can also allow you to act as a Authorised representative of your sister. (Don't writ that you want to assist your sister) simply move application from your sister's side stating that she want to get defence assistance from you and that all the acts performed by u shall be ratified by your sister in all respects.  Even under Family court Act, an agent can also represent with specific permission of the court.  

1 Like

Ramanathan G (Independent practice)     28 June 2011

Sir, Vide Sec 32, Advocates Act; you can apply. This i wrote very long back as a PM. You could not search it till now. do you have courage that you will be able to do a lot of study of Law and Evi, to help your sister. Thus please do not take risk. This i write now because Sec 151 CPC cannot be used if there is specific section giving that permission. 28-6-11

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