Samitha Prabha (Advocate ) 04 March 2010

Appearance of Party in person - Divorce Case

Can any one suggest me

I have a Friend who is an Advocate herself, but working with a Private Company. She has filed a Divorce petition (under cruelty grounds) (the marriage took place during Feb 2009). on October 2009 (IA Petition seeking permission to apply for divorce before 1 yr of marriage was filed along with the main divorce petition) She has been living with her parents since 8 months now. All though she has engaged Advocate. Is it possible for her to appear in person with or witout her Advocate along with her. Both parties are not intertested in Living together. She is a Member of bar counsil, but has not been for any litigation till date. her husban seems to tell that she has taken his jewels from her matrimonal home, and claims compensation. He is in a putting forth a Condition that if she gives him money he shall give mutual consent.

Can this be delt under Dowry Prohibition Act

Is it necessary for her to resign her job to appear as party in person in the court of law or can she wear the Advocates uniform n appear with out resigning her job..

Else how can this situation be delt

pls advise

Regards

Smitha

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2 Replies

AMBUJ KUMAR (PARTNER) 04 March 2010

Dear Smitha, As per the advocate act, your friend can't appear before the court. NO ONE PROFESS THE DOUBLE OCCUPATION SAME TIME.Hence she can't because of working in company. If her husband demnds the amount of Jewellary, she can file IA, but some evidence is required in later stage. If she want to participate the case herself, she have to resign the job. Thanks, AMBUJ KUMAR Smitha

Samitha Prabha (Advocate ) 04 March 2010

Her husband seems having no proof for his allegation that she has taken away jewels. But his relative being in Police Department, its doubted that they creat a false FIR stating that she has taken some jewels away. In reality she has even left back her Mangal sutra with the husband, this he has accepted with the court. Is it possible for some one to file a complaint and obtain CSR for the thing happened before 8months. He has once during their counselling session at the court had said that he has not made any anote of what all she has taken away from the matrimonal home after she left during the month of July. She morally dint want such relationship at all.

They are now demading Compensation Money from the girls family.

Now the IA petition seeking permission to file divorce before 1 yr of marriage has got over and the main OP has been taken into record.

Both the partied are not interedted to continue matrimonal relationship anymore, this is noted in the Counseling session when the IA petiton was taken up for hearing.

How long roughly will this proceeding go on ..

Thanks & Regards

Smitha