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MASTHAN (Self employeed)     28 October 2010

LEGAL AID SERVICE

Hi All,

My brotherwife filed for maint u/s 125 Crpc very recently. She filed a false 498A against all my family memebrs in NOV-2009. My brother is already initiated divorce  procss through QUAZI.

 

My brother monthly income is Rs 2000/- and he is physically challenged. He is not in a position to hire an advocate for the maint case. So we though to go for "LEGAL AID SERVICE" .   If legal aid service wants to give an advocate for my brother then will they give PP ? or private advocate also?

The reason for asking this question is the PP is directing the 498A girl , so if the legal aid service asks the PP to work on our case then we dont get justice again.
 

Thanks,

Masthan

 



Learning

 2 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     28 October 2010

Dear Mr. Masthan,

Your brother can directly represent before the Magikstrate that, they not in the position to engage any private advocate and further ask the Magistrate to provide them "Legal Aid", then Magistrate himself EITHER appoint a private advocate to represent on behalf of them OR forward your case to "Legal Aid Service". 

The advovcate to be appointed by the Legal Aid Service will not be the PP who is already representing the case, but an advocate who is registered with them.   

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 December 2010

Yes, u can go to Legal Aid Service and take benefit of free legal aid.


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