engineer222 (none) 12 March 2012

Original lawyer not coming instead some one else coming

wife not coming to court as she is out of country , and the original lawyer who filed maintenance case is not coming, instead some one else is coming and asking for another date.

is it legal for some another lawer who's name is not on maintenance case filed by wife to appear on her behalf.

Question:1 does this new lawer need to submit affidavit/PROOF to court showing that wife actuallty appointed him.

Question:2 can i object and ask court to not accept him as wife's lawer ; since he has not aubmitted a signed document from wife showing him as lawer.

i feel that wife did not appoint this new lawyer and he is coming with in-laws. the original lawer abandoned due to some unknown reasons.

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4 Replies

stanley (Freedom) 12 March 2012

You would have to check the names on the vakalatnama if the lawyers name 's are on it .Its a sort of Power of attorney for them to fight the case .

engineer222 (none) 12 March 2012

stanley ""You would have to check the names on the vakalatnama if the lawyers name 's are on it .Its a sort of Power of attorney for them to fight the case ."

i have checked and the NEW lawer who as started attending the case, his name is not there.

rajiv_lodha (zz) 12 March 2012

Then the solution is simple! Ur advo will ask on the next date that HE (OPP. ONE) IS NOT THE LAWYER WITH POA. HE DOESNT HAVE RIGHT TO REPRESENT THE PARTY.

Judge will dig for POA, if not there (as u say), the opp. advo will be shunted out og the case

VINOD VERMA (C E O) 27 May 2012

Basically in such a case the Judge is required to dismiss the case, but with asimple plea "inb the interest of justice" they keep on giving dates thus increasing the pendencies in Indian courts.