FN (Manager) 13 February 2013

Query on prohibiting lawyer

Dear Experts,

Can a Mother, advocate by profession.....herself accused in 498A, defend/appear for her son in his maintenance case in the family court?

The opposite lawyer says as the mother is acussed hence she cannot defend her son.

Is there any provision in law prohibiting the mother. The opposite lawyer is afraid that if the mother appears for the son he will loose the battle.

so he has raised objection saying that the Bar council of India does not allow the mother lawyer to appear for her son. is ther any provision in rules/laws of Bar council of India?

I came here with lot of expectations. Request all the learned members to please help me.

rgds,

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3 Replies

ABHISHEK KUMAR VATSA (Freelancer) 13 February 2013

hi fn,

ya she can do that untill and unless that charge is proved she can fight the case for her son. Theres no provision in law which can prohibit her from doing that.

(Guest)

@Querist,

Your mother cannot appear for her son in any court of Law.

The rule of the bar council says(BCI RULES PART V)

6. An advocate shall not enter appearance, act, plead or practice in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt,
niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.

I am attaching a file herewith.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Attached File : 356887946 bcirulespartvonwards.pdf downloaded: 63 times