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LegalFighter (test)     24 November 2016

Family court act,1984 section 13

 

Section 13 in The Family Courts Act, 1984-

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: -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.

 

 

Acc. to this act no advocates can file vakkalath to any parties or proceedings in FC.But without a Vakkalath can any advocate come inside a FC and argue/take cross examination to any parties?



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 15 Replies

estranged wife (Housewife)     24 November 2016

Than Who is Amicus Curiae ?  The lawyer hired by the petitioner or lawyer hired by the respondent or some third person like goverment lawyer? Please clarify?

Sachin (N.A)     24 November 2016

Originally posted by : estranged wife
Than Who is Amicus Curiae ?  The lawyer hired by the petitioner or lawyer hired by the respondent or some third person like goverment lawyer? Please clarify?

 

An amicus curiae is someone who is not a party to a case and is not solicited by any party, but that is permitted by the court to advise it in respect to some matter of law that directly affects the case.

1 Like

Sachin (N.A)     24 November 2016

Amicus Curiae : Latin term meaning "friend of the court". 

1 Like

LegalFighter (test)     24 November 2016

1.So can an amicus Curie come inside the family court to represent a party with/without vakkalath? 2." No authority to cross examine the witness examined by adversary I.e. amicus Curie"-- here whats meant by examination by amicus Curie?

Ms.Usha Kapoor (CEO)     25 November 2016

Its better Legal  practitionesr only file vakalat and reprtresent Family  or rmatrimonial disputes  before the family court. Party in person and  other people who dont know law much ori its nuances and interpretations can't be  a susbstitute for A   regular   Expert Law praactitioner o r Advocate.        outcome  will   be better i f lawyers represent Family court matters.If you appreciate this answer please convey my forum thanks by clicking thanks.

7 Like

Ms.Usha Kapoor (CEO)     25 November 2016

Amicus Currae  is  friend of  the court who is well versed in law matters. I( tii s neithe r engaged by the court  to Assist  the court  in complicated legal  matters. I tdoesn't suport  both rprosecution  and defence  and it is neutral  party which assists the courrt in the facilitation of court proceeedings  as  a legal expert.If you appreciate thiis anhswer p-lease convey7 my forum thanks by     clicking  thanks.

3 Like

Ms.Usha Kapoor (CEO)     25 November 2016

Amicus Curae is engaged by the court  to assist  the court in     complicated    lega matterws  as they are well versed in lega matters.Despite changing to  desired  wording the previous post didn't get changed or  ererased. wha t to do>L So again  I['m  typing. Amicus Curae i s a friend o fth e court and engaged by the court.

2 Like

Ms.Usha Kapoor (CEO)     25 November 2016

Amicus Curae is engaged by the court  to assist  the court in     complicated    lega matterws  as they are well versed in lega matters.Despite changing to  desired  wording the previous post didn't get changed or  ererased. wha t to do>L So again  I['m  typing. Amicus Curae i s a friend o fth e court and engaged by the court.

2 Like

LegalFighter (test)     25 November 2016

Madam, Iam clear that legal practitioners or advocates cannot file vakkalath in and FC proceedings.I don't know how you can say yes to legal practitioners to file vakkalath. Yes amicus Curie will be appointed by the court.I understood.amicus Curie is there to support party in persons. Please can anyone answer my second question

LegalFighter (test)     27 November 2016

Plesae show me the Rule 9 of FCA.moreover section 13 of FCA starts with "Notwithstanding anything contained in any law".

Hence legal practitioners are not allowed in FC but only as amicus curie

LegalFighter (test)     24 December 2016

https://terminatorak.wordpress.com/2013/08/29/bombay-hc-wife-or-husbands-attorney-cannot-appear-in-family-courts-us-13-of-family-courts-act/

 

Bombay HC : Wife or husband’s attorney cannot appear in family courts u/s 13 of Family Courts Act.

Sachin (N.A)     24 December 2016

Sachin (N.A)     24 December 2016

Mostly high courts have ruled that the judge of family court can give permission to be represented through an advocate.

 

LegalFighter (test)     27 December 2016

Please go through below link:

https://ipc498a.wordpress.com/2009/05/14/chennai-family-courts-strictly-follow-section-13-of-family-courts-act/

 

Chennai Family Courts: Strictly Follow Section 13 Of Family Courts Act


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