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LegalFighter (test)     12 October 2016

How to say judge that i dont require an advocate?

Dear Experts,

I have filed GWOP and Visitation IA.Got Visitation and it says once in a month for 2.5 hours I can see my child but what I asked was for complete weekend(every) custody.I have asked my advocate to file an interim custody IA for Diwali access and another IA to enhance my visitation.He said enhancement can be done only thorugh modification petition and diwali access cannot be done.Immediatly I have asked him to give back my case file.As well he gave all with a signature in Change Of Vakkalatnama with no objection too.

 

Now I have filed an IA for diwali access,my wife filed counter and in the last hearing I was expecting an order.But Judge asked me to come with my advocate on 20/10/2016. So what should i say in the next hearing? Shall I submit a memo stating that Am appearing PIP since I dont have advocate now and show the Change of Vakkalat to Judge?



Learning

 12 Replies

Mugundhan (Lawyer)     12 October 2016

In family courts advocates are allowed only as amicus curie. Parties have the say. You can file a memo stating that henceforth u would be appearing as a party in person.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     12 October 2016

SIR ,

KINDLY NOTE THAT .

1. YOU HAVE NOT MENTIONED WHICH CASES ARE PENDING BEFORE COURT.

2. FROM THE BRIEF FACTS IT SEEMS SOME MATRIMONIAL DICPUTE CASE REGARDING CUSTODY OF CHILD IS PENDING BEFORE COURT.

3. IN CASE YOU NEED TO MODIFY ORDER PASSED BY THE COURT , YOU APPLY FOR CERTIFIED COPY OF ORDER AND SUBMIT REVISION APPLICATION  BEFORE THE SUPERIOR COURT.

4. IT SEEMS YOU ARE APPEARING IN PERSON, SO BE PREPARED FOR DETAILED ARGUMETNS IN SUPPORT OF YOUR APPLICATION AND STUDY CAREFULY THE SAY FILED BY THE OTHER SIDE AND DENY ALL ALLEGATIONS AND CHARGES AND CLAIMS OF THE RESPONDENT. COURT WILL PASS ORDER ON SAME.

5. YOU MAY APPEAR IN PERSON IF YOU THINK YOU CAN HANDLE THE CASE BUT KINDLY NOTE THAT MATRIMONIAL DISPUTES THOUGH APPEAR EASY , YOU HAVE TO BE CAREFUL IN DEFENDING THE CRIMINAL CASES FILED AGAINST YOU IN MATRIMONIAL DISPUTES , AND IT IS ADVISIBLE TO DEFEND THE CASES THROUGH SOME LEGAL PROFESSIONALS PLEASE NOTE.

THIS IS JUST SUGGESTION YOU MAY TAKE YOUR OWN DECISION. GOOD LUCK.

 

LegalFighter (test)     12 October 2016

Thanks for you kind suggestions Mr.Mugundhan and Mr.Nandkumar.

@Nandakumar:-

I have only GWOP pending in the Coimbatore District Family Court.My MCD got cancelled at the second motion since I didnt agree for a point of giving up my child custody rights which was added by my previous advocate without my consent and got signature from me by not allowing me to read just behind the court room.

I dont want to go for appeal since it may take time and I have an option of Enhancement IA in the same court.So let me try for this IA since am aggreived.As well definetly I will deploy an advocate while documents marking stage.

Sachin (N.A)     12 October 2016

Dear tamilinian ,

I am representing my case from last so many years no judge have asked me anything in writing. Whenever i wished to file an application for self representation , judge always said application not required.

If you wish i will forward you the copy of the application.

LegalFighter (test)     12 October 2016

Dear Sachin,

 

Please can you forward that application to tamilinian143@gmail.com.As well please let me know is that a memo or an application?

Sachin (N.A)     12 October 2016

Please find the copy enclosed

 


Attached File : 363811 20161012184611 721111041 application for self representation.docx downloaded: 120 times

Prasad (Systems Engineer)     12 October 2016

The court where my was going on, the judge always returns parties without advocate. I think this is unacceptable. We need to create awareness on this provision to avoid advocates if the party prefers so. 

LegalFighter (test)     12 October 2016

Thanks Sachin

LegalFighter (test)     19 October 2016

Experts,

 

I request anyone please validate the below content of the memo which am gonna submit tomorrow.Thanks in advance:

 

 

 

                                               MEMO FILED BY THE PETITIONER

 

 

              I respectfully submit that am the petitioner herein and the natural guardian for the child ‘XXXXXXXX’ aged 4.3 years born on 12th JUL 2016 and such well acquainted with the facts of the case. Since I have got signature and no objection from my current advocate(T.Dineshkumar) over the change of vakkalatnama, I have no advocate as of now. Hence I humbly submit that I would like to legally represent myself from now on and appearing as party in person.

 

 

                                                                                                 PETITIONER

                                                                                                 [PETITIONER-IN-PERSON]

SHARAD CHANDRA DANEJ (Asstt. Manager)     12 November 2016

Mr Tamilian,

You can be your own lawyer as you are the best judge of your case. No court can stop you pleading your own case. Go ahead wish you all the best.

 

sai narayana   14 November 2016

Without NOC from existing lawyer, can we file memo in the court to proceed as party-in-person??

LegalFighter (test)     14 November 2016

Sai ,

 

I beleive,Yes we can do.Because when i filed the memo stating "I want to represent myself as party-in-person since i have no advocates and I have got no objection from my advocate".Judge didnt even read the memo.Judge just asked me "Do you want to do party-in-person?".I said Yes.Thats it.


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