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sanmati jain   07 June 2018

unmarried advocate can practice a family court cases or not

unmarried advocate can practice a family court cases or not
i am unmarried i filing a m c case in family court honble judge toled me ur not eligebal to take divorce case until ur marriage don
its wrong or right


 19 Replies

Siddharth Jain   07 June 2018

did that really happen?

marriage is not a bar to pratice in any court. so, you can pratice irrespective of your marital status.
1 Like

sanmati jain   07 June 2018

sir but family court incharg prl district judge at tumkuru is objecting me to u dont practice in a matrimonial case until u have married pls send one ruling to me as my faver

Siddharth Jain   07 June 2018

If they are not allowing you, then you can ask them to give to you in writing or show you the notification barring such practice.

sanmati jain   07 June 2018

ok sir thanks for your gaidence

Siddharth Jain   07 June 2018

Would you be drafting the petition in English or vernacular?

sanmati jain   07 June 2018

we have Kannada draft

Siddharth Jain   07 June 2018

You may go ahead then.
1 Like

sanmati jain   07 June 2018

hon'bal prl district judge Rajendra Bhadamikar

sanmati jain   08 June 2018

Thank you mam given a full information about my issue

sanmati jain   08 June 2018

Thank you mam given a full information about my issue

Suri.Sravan Kumar (senior)     08 June 2018

you can raise the issue through Bar Association

Vijay Raj Mahajan (Advocate)     08 June 2018

Officially no judge can pass personal remarks or comments on the advocate appearing before him/her representing a party before it. The comment that the advocate being unmarried cannot come to Family Court representing his/her client cannot be made officially by the named judge of the Family Court, that must have been passing remark by him not to be taken seriously.

In Family Court not only matter concerning marriage and related issued between husband and wife are taken up but even the matter such as maintenance for parents from the children under section 125 Cr.P.C where there is nothing to do with marriage or related issues like divorce or child custody etc related matters.

The judge of the Family Court asking the advocate his marital status before is being heard is most funny thing I have ever heard. Rather I have been representing clients before the Family Court judges who were chronic bachelor/spinster and admitted this fact in open court but with great sensibility decided the matrimonial disputes.

 

1 Like

sanmati jain   08 June 2018

thanks for your valuable reply Vijay Raj Mahajan sir

sanmati jain   08 June 2018

thanks for given the good information about my issue advocate lolitaji

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