My estranged wife filed 498a/406 in July 2010. I had filed sec 239 in District Court against the charges for me and my parents. My application was rejected. I then immediately filed a revision u/s 397 against the order of district court in session court. My application was again rejected. Charges against me and my parents in 498a/406 were then framed in Trial Court in September 2012. I have now filed an appeal u/s 397 (as Party in Person - PIP) against the framing of charges. I have now drafted the contents of the appeal myself learning from the mistakes done by us (read my lawyer and me) in the previous 2 appeals. I have also filed 22 judgments in support of my appeal from Supreme Court and various High Courts.
I would be arguing in Session Court for myself and my parents. Recently in the initial hearing in the session’s court the opposite party had raised the point that I can only appear as PIP for myself which the Hon’ble Judge also agreed but I cannot argue for my parents. I said that I would file Power of Attorney (POA) for my parents. But then the opposite side lawyer contended that it’s a Criminal Appeal and I cannot appear for my parents. I was then given next date for arguments for the same.
1) Is it legally correct which the opposite party lawyer is saying that since its a criminal appeal I cannot argue for my parents inspite of POA for my parents. If YES then what could be the workaround. Are there any supporting judgments for the same? Since I have drafted the appeal myself I don't think any lawyer would argue for me anyhow I don't want any lawyer to argue on my behalf as I do not want to waste my appeal.
2) What other arguments can I put forward in front of the Judge so that he allows me to argue for my parents. Please do provide me supporting judgments for the same.
Please guide me.
Thanks and Regards,