appearance of party
jayachandran
(Querist) 07 October 2010
This query is : Resolved
Hello
Anybody can answer me
Whether the appearance of a party is mandatory in the case before Family Court. If suppose any of the spouse live in abroad, what is the remedy. Kindly answer with details/provisions and any decision by High Court or Supreme Court in this subject
M/s. Y-not legal services
(Expert) 07 October 2010
Yes in family court.. The partys appearance is must.. Because the court wil advise you to attend a counselling..
Devajyoti Barman
(Expert) 07 October 2010
The appearance of a party in a civil proceeding is not mandatory if he is duly represented by his legal counsel. However, the Family Court insist on personal attendance of the parties as it does not encourage the advocates to appear before it. As in this case the party stays in abroad then Court might allow him to be represented by any advocate or at least by any of his relaltives
Chanchal Nag Chowdhury
(Expert) 08 October 2010
Family Court may allow someone else to represent by POA.If refused, file application under Art.227 before HC.
James Arun
(Expert) 08 October 2010
Appearance and Representation are two different aspects in Family Law. While a lawyer can "appear" before a Family Court, the same lawyer will need the permission of the Court as per Sec 13 of the Family Courts Act to "represent" a client.
For your specific query, except for evidence, all other matters can be represented by your authorized advocate, or by a POA holder, including mediation. An application for the above can be filed in a Family Court which is usually allowed. For evidence, the party must be present for examination, cross-examination and re-examination.
