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manu (advocate)     08 February 2010

privileged communication- family

sir,

i m appearing for respondent in a proceedingsinitiated under domestic violence act. Interim relief has also been granted in favour of the petitioner. Now the question is petitioners advocate being close friend of my clients brother by taking undue advantage of the friendship has recorded the words of my clients brother wherein he has made some damaging statements against my client. but this happened without the knowledge of respondents brother. Now there are thinking of producing the same before the court to prove mental cruelty. Is it not the misconduct of lawyer? doesnt it fall under privileged communication?



Learning

 2 Replies

Daksh (Student)     08 February 2010

Dear Manu,

You have a right vested with you to go for the cross examination.    The stand of priviledged communication will not be of much use as the other side has a upper hand in playing spoilsport.  While doing the cross examination use your court craft and try to get diluted the effect of the statement.   Otherwise whatever adverse has come on record against your client will remain harmful for now and ever.    Do not think about saving the day but thing broadly how to plan and win the case. 

Best Regards

Daksh

Ria (Legal)     08 February 2010

The communication is priviledged when it made to your own lawyer. Here  the communication was made to the petitioners lawyer.


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