How to stop advocates from entering into family court?

Rakshita Malur (Querist) 02 April 2018 This query is : Resolved
I am fighting my case without help of advocate. Initially I had hired services of 5 advocates. One by one I had to change because they only used to come and stand in court wearing coat and looking at my hand and body.

Fed up I started attending my own case. I asked them not to come and attend my case.

The cases which I have filed are section 9. Section 24 of Hindu Marriage Act. Also DV act case under section 19, 20, 21, 23, 31. I have also filed 125 crpc for permanent maintenance.

Though I got rid of my useless advocates. The OP lawyers are delaying all the cases. Sometimes the OP wont appear. Sometimes senior advocate wont appear. Some baccha advocate appears but he wont even know who sent him. The judge will be in spills when the advocate himself does not know who sent him.

Now my query is when there is no need of advocate in Family Court, why are advocates even allowed inside family court. They simply unnecessarily delay the verdict. Simply keep taking dates. When the dispute is just between husband and wife why cant the judge simply decide the case without involvement of advocates?

Can I file a case in High Court asking court to not let the advocates enter the family court. They simply misguide. They delay the case by years. When there is already a rule in the law books that parties can represent themselves why are family courts making the lives of petitioners more and more troublesome by involving the advocates?

Ultimately in the end each divorce case or any matrimony related case will end up in irrepairable damage to both parties. Why are we made to feed the advocates unnecessarily? Let them pest on politicians, industrialists and the likes who have amassed crores of rupees and let us common people live in peace?

Is there not a remedy for this in Law? I want to know how to file a case in court, local or high court regarding this.

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Guest (Expert) 02 April 2018
In Family Courts the Parties could them selves argue No Doubt.

Guest (Expert) 02 April 2018
You Could make Your Humble Pleadings to the concerned Family Court's Judge to Post if for Urgent Hearing for example you could state about your Financial Crisis etc for Maintenance.

Guest (Expert) 02 April 2018
I am sorry to Say that your Petition seeking Advocates Not to be allowed in Family Courts is Just your Ignorance.

Guest (Expert) 02 April 2018
As far as Indian Family Courts are concerned they take their maximum efforts to Unite the Parties than allowing the Divorce. which is on humanity grounds and ultimate sufferers would be only the children when Divorce gets granted. But certainly the Interim Maintenance would be Ordered /Granted Immediately. based on your pleadings humbly.

Guest (Expert) 02 April 2018
You could also seek the Guidance of " Free Legal Aid Forums for Women " available in all the Courts and they would also take care.

Guest (Expert) 02 April 2018
As per your Statement your suit had been delayed so far But Be Patience and take Genuine Efforts to complete the Case at the earliest with your Humble Pleadings in the concerned Court

Rakshita Malur (Querist) 02 April 2018
Sir

You advocates have similar problems. Neither do you listen carefully. Nor do you read carefully.
I have not posted here in order to get lecture from you regarding handling my cases.
That I can do without the help of unscrupulous advocates. I finally got rid of them all. The last advocate had taken 30000 rupees but was unwilling to let go the case and I had to pay 5000 rupees just that he could give me my case papers of DV.

I have posted here in order to get a solution from anyone who can help me with the above explained problem.
The problem is larger than what it appears to be.
Marital discord is common. Some get solved some dont. People go to court so that they can get relief. Not to waste their youth in court halls.

Not just mine. Every man and woman who are in court today due to matrimonial disputes waste their youth life in courts due to advocates. Advocates misguide. Judges wont encourage party in person, they insist parties to take atleast free legal aid.
When paid advocates are useless. How useful can free advocates be? It is not hard to guess.

People who have matrimonial dispute are losing their lives in courts due to advocates and judges. Why cant a rule be made where matrimonial disputes are decided on summary trial basis and thereby help them save their youth?

You are an advocate I could not expect much help from you.

I am here seeking genuine help. Not senseless replies posted back to back.
So sir, please let some genuine person reply.

Thanks.

PS: Will courts function tmrw? They are showing tmrw is Bharath Bandh. They are doing Bharath Bandh for some scoundrels not getting promoted to SC. Pathetic.
As if what judges and advocates are doing is not enough to screw life of petitioners and respondents a Bandh is called. Scoundrels all.

Guest (Expert) 02 April 2018
Observation of the querist about a section of advocates is worth noting.

Rakshita Malur (Querist) 02 April 2018
Your reply is of no use. Anybody has a genuine reply which can help the situation, please reply. And while replying assign new status to open if the reply is useless and just a comment.
Thanks.

Dr J C Vashista (Expert) 03 April 2018
@Rakshita,
All female litigants are unable to take on the challenge posed by their husband like you.

Undoubtedly some of the lawyers are in the practice of delaying the case(s) for personal gains as you have experiences, however, it is unlike for everyone.

Preparing the case on the basis of inputs (relevant to the issues) provided by litigant against their spouse, which is purely personal and confidential, presenting it in a systematic manner before the Family Court, doing research for specific issue involved in particular case (required as per case, which differ in each case) to assist the Court in arriving at a judicious decision.

Being an officer of the Court, few lawyers are taking undue advantage and delay the case(s), which is inapplicable in every case.

It is your purely personal decision to continue an advocate to proceed in your case or proceed as party in-person, no one can question, however, result/decision shall also be affected in both the situations.
Best wishes.

Guest (Expert) 03 April 2018
@ Rakshita Malur,
My reply was not for your use, but a pointer to the lawyers community to take a note of your observation and shun insincerity and deceptive nature, if they adopt towards their clients.

Even otherwise also, I did not intend to reply your query, as I believe that insatiable persons with uncompromising nature cannot get satisfied even by the most sincere effort of any one. Moreover, you cannot compel me to give a free advice to you when I feel your description is full of bias, prejudice and malice towards one and all.

However, for your information, if you like to think over on my point, there is always some point of situation where some compromise becomes essential. But from your own description and further comments on each and every advice, suggestion or guidance you seem to have made a single aim to criticize one and all, whether wrong or write.To be frank, I can guess that you would have been quite hyper towards your husband and his family.also.

Your record is that you have changed 5 advocates in a single case. As per my guess, that may be the highest record in India. There is always some limit. But, not only you have declared your lawyers as useless, but also you think all the lawyers community is useless. Not only the lawyers, but your statement, "When the dispute is just between husband and wife why cant the judge simply decide the case without involvement of advocates," itself suggests as if you think judges also useless, who can't decide the case without involvement of advocates. But still, is it not surprising that you have come to this forum just to take advice of the lawyers, whom you consider to be useless?

Question arises, who compelled you to hire 5 advocates and who compelled your husband to hire an advocate to assist him? Both of you should have decided not to hire services of lawyers for your individual needs.

A pertinent question arises, why you hired advocates and also changed one after the other, when you feel you were quite competent to fight your case? Of course, if your husband has hired a lawyer to assist him due to his ignorance about law, neither you nor the judge can put any restraint on that lawyer to appear in the court on behalf of your husband.

SO, YOU QUESTION WAS QUITE ABSURD. RATHER, YOU SHOULD HAVE BEEN THANKFUL THAT THE LAW HAS ALLOWED TO TAKE ASSISTANCE FROM SOME QUALIFIED AND EXPERIENCED PERSON, WHO MAY BE AWARE OF LAW OF THE LAND. BUT THANKLESS PEOPLE LIKE YOU KNOW ONLY TO CRITICISE EVERYTHING AND EVERYONE.

Although I am not aware about the reason of abandoning the services of 5 advocates by you. but, some times advocates have to maintain some restraint in the court proceedings in order to open their mouth at the most opportune time. Being critical in nature, that aspect you can't understand. Although not everyone is good at proper planning, but in any legal case, some strategy has to be formed by the advocates. But, what I feel, perhaps due to your hyper critical nature, some of the advocates would not have posed confidence on you to share their strategy for fighting your case.

Anyway, since you have just posed a taunt on me and my post, if at all you can realise, I would like to make it clear that your query is quite absurd and also you don't deserve any advice at least from me.

However, I must say, at first you have the need to change your attitude and secondly try to pose confidence on some one if you want help. Help cannot be commanded, but can be sought with humility, which in my opinion is totally absent in you.

Finally, I may tell you, neither you nor any judge has been authorised by the law to stop the duly authorised advocates by the clients from entering in the family law court. If you are so competent to get the things work only for you, you may get the law amended from the Ministry of Law to ban the entry of advocates in the family law courts.

Sudhir Kumar, Advocate (Expert) 03 April 2018
when you came to taking free advise you cannot dictate what reply should you be getting.

You have a right to be heard without a lawyer but at the same time you cannot compel other party to come without advocate. So filing such petition in high court may not yield results may be wastage of time and stationary.

Your problem No -1

You felt your advocates were not able to represent your case. It is not clear as to how you were correct and how you were wrong in this reading. But in the best of your wisdom you found a solution by representing in-person which is your right. Many persons do so.

Your problem No 2

You feel that opposite party is bringing advocate while you are not. You have no remedy against the same.

Your problem No 3

You feel that the lawyer(s) of opposite party are delaying the case. You have a right to oppose each and every plea of adjournment. You also have a right to file petition in High Court for early finalisation.

Rakshita Malur (Querist) 03 April 2018
Sirs
I am not here to take advice on how I am what my case is. I know my case. And I am already handling my own case. With your responses it is clear that all advocates are just blood sucking zombies and nothing else. If there is a option in Law to challenge what I have posed before you learned people, then spit it out, rather than simply writing pages which is if neither use to me or to anyone who might be in a similar situation like me.
Suggestions regarding approaching particular authorities will surely be appreciated, not some bogus replies which run into pages and yield nothing.

Thanks.

Guest (Expert) 03 April 2018
The Author or / Querists Better Mind your Language while addressing the Advocates . Your Comment on Advocates " Bloods sucking zombles " makes it clear why the 5 advocates had with drawn in your case and No Doubt the same thing would be repeated by 100 Advocates before ending your case.

Guest (Expert) 03 April 2018
When you are scornful about your own lawyers, the whole class of other lawyers and the experts here also and scornfully say them TO SPIT OUT their advice, how you can expect any free guidance that too on your scornful direction. Charity cannot be commanded by scornful directions. Even if you pay fee for any such advice, even a greedy person having no self respect would tolerate your own spitted words.

This itself demonstrates your scornful and egoistic attitude towards your husband and their family members.

I can very well imagine that even your husband would not have been getting any benefit on account of delay in the cases, but I am sure, he would be getting immense satisfaction by making you learn lessons of life through your own initiated cases.

I can also imagine that it is your own scornful attitude that may be paying you dearly in your case by the tactics of the other side lawyer. You may probably become helpless due to your senseless behaviour, irrespective of your approach to any authority. No authority relishes bad behaviour on the part of the help seeker.

Anyway, best of luck and wait for your desired spitting by others on your query and specially carved language for them.

Guest (Expert) 03 April 2018
You could directly go the High Court with your Great Pleadings directly that " Advocates should not enter Family Courts" and would certainly get a Reward of Imprisonment Or A Good Amount of Penalty for the Contempt. Just Post your Experience once you come out. You could be also sent to Mental asylum basing on consideratiom.

Guest (Expert) 03 April 2018
Now see, at least one expert has "spitted out" on your bad language. Others can also follow suit.
Better deserve at first and only then expect something from the experts that too by using some respectful language for them.

Guest (Expert) 03 April 2018
This Reply is not to the Querist of this Threaed but to Other querist who could have some doubt- For the Purpose of Urgent Hearing of the case tt should be Orally mentioned in High Court in High Court before or after the Court proceedings are initiated . It is for High Courts. Cases,. Submitting A Requisition Letter Pleading for Urgency with the Registrar also would be cConsidered.

Guest (Expert) 03 April 2018
For Lower Courts a Petition seeking Urgency to be filed with valid grounds and to be mentioned to concerned Court Judge after filing the Urgency Petition

Guest (Expert) 03 April 2018
As per May 2016 Records 672075 cases were pending in Family Courts in India and presently it should have been added more..

Anil Kulkarni (Expert) 03 April 2018
Rakshita, You appear to have a strong animosity against lawyers and agony is that you are seeking justice from the system wherein lawyers are an integral part. Please give a serious thought to the reply given by Sudhir Kumar. He has stated correct position of law. You cannot dismiss entire lawyers fraternity for your experience with few lawyers. When next time the lawyer of your husband seeks adjournment, oppose it with all reasoning you have at your command. As you have said you can take up your own matter, argue against the adjournment. If the case has been already adjourned thrice, the Judge will find extremely difficult to adjourn the matter on your opposition. Take objection to every pleading of postponement of the case by your spouse whether done by him or his lawyer and make it impossible for the judge to adjourn the matter. If the adjournment is only problem, you should be able to tackle with the wisdom you are claiming. Instead of fighting with the system on trivial issue try to use it for your advantage with the knowledge and wisdom you claim to command and you will find the judge also responsive to your submissions. You don't want to engage lawyer in your case, fair enough, but how can you thrust your will on others in the matter of using services of lawyers?

Adv. Yogesh Pawar (Expert) 03 April 2018
"Advocates are officers of the court".
I think you are suffering from psychological problems, and I also have doubt, that 5 Advocates must have refused to handle your case because of same reason.

Adv. Yogesh Pawar (Expert) 03 April 2018
And this can also be a reason that today you are standing before Family Court.

Guest (Expert) 03 April 2018
@ Mr. Anil Kulkarni,

If she can scornfully direct her free advisors to SPIT OUT their advice, I don't think there is any such term in the name of "submission" in her dictionary. Her dictionary seems to contain only command or direction. So, I wonder, if she may not ask even the judge to "spit his judgment out" at the time of pronouncement of his decision in her case.

Sudhir Kumar, Advocate (Expert) 03 April 2018
this is a free advisory forum where some experts do charitable job wasting their own time and energy, net charges and electricity connection.

Some persons are thankful of receiving free legal advise and a few start insulting the experts. It is their luck. whether advocates are devils or angels but the fact is that 2+2=4 and none can make it 5 or 3.5

Rakshita Malur (Querist) 03 April 2018
I cannot tell you anything at all is it?

You advocates who ever has replied has not helped me at all.

You think you are in position to do counseling. You have thought that I want speedy trial and I want my cases to finish. That is not the problem here. The problem is not just mine and the problem is universal in context to India. You know what you are. You know what your colleagues are. I know you much more than yourselves.

You all are being judgemental. There is already a judge sitting in family court to judge my case.

My marriage is over. It now exists only on paper. The courts and advocates in the name of saving Indian family, simply make both the husband and wife suffer. The laws in place are old, but are relevant even today. The only law that needs amendment is husband and wife and children represent themselves party in person and there should be no involvement of advocates. Advocates are not there when marriage takes place or at time of birth of children or at time of death, then why should we feed you advocates?

Sadly in this part of the forum the regular members who are suffering due to advocates and judges cannot reply because only experts can reply.
And I can see what kind of experts are here.

If you are giving advice you should tell whether something like this is possible in law. If yes, then tell under what section of law should I ask the courts or the government or the law ministry to help convert this into law.

If your answers are like this, then it is surely helpful.

Most of you have not even attended English medium schools. You have learnt English and it shows it is not the English which advocates are expected to speak of when they call themselves experts.
There is something called of figure of speech. Please make use of Google and learn about it. Spit it out is figure of speech. To understand that one should have attended good English medium school.

I have learnt that, if we request the judge the judge will agree. The judge is not sitting there simply cooling his ass. He surely will listen when spoken to and he will reciprocate appropriately when petitioner is requesting something. This much the advocates that I hired could not do. They simply used to fumble. They had tied documents upside down. The judge got furious and threw the entire set of documents and levied fine on the advocate. Not appearing on the given date. Only petitioner appearing and taking a date, the advocates have paid fine to the opposite party. Not only my advocates. Opposite party advocates have also paid fine to court for non appearance, not filing objections in time, simply wasting court time. All this I have seen. Main fault of you advocates is that you don’t read any book you simply wear coat and come and stand. Ready to ask fees and some more fees on each date. You advocates take all money and keep asking 10 rs 30 rs for Xerox. How pitiful. For typing work you ask money 200 rs. This is over and above the one time fees paid.

Now you will give guidiaance that you should have paid like this paid like that. now I will tell you one more thing. A advocate took money and did not file case at all for 3 years he was continuously taking money from me. One day when I went and checked in record section he got caught. Then he was falling to my feet. Then I had to file my own DV case.

I am not telling that you are all also like the 5 advocates. By your replies I cam make out you are all losers. I came asking for suggestions how to kick the advocates out of family court. You are more concerned that if that becomes a rule you will all have to go beg on streets? Or maybe many of you will be force to sit under a tree pay 50000 and get notary license earn 10 rs 20 rs for putting signature on typed affidavit.
That may be your concern as I can see it. But please do not take it to heart. Young men and women are losing their youth because of lengthy procedures which are not at all required in family courts.

Once there was a advocate strike. The advocates did not step into family court. The judge decided 30 cases on summary basis. That is what I want and at least cases were finished off.

You advocates can always practice in tribunals, various forums, courts, join companies as advisors if you don’t get chance to enter family court. But no way this is an absurd cause. To understand the intensity of the query you all should be mentally developed not just physically developed.

Remember service before self should be your motives, not the other way round. At least spare husband and wife and children’s lives. If your conscience works one among you will file a petition asking court to remove advocate interference from family courts in India.
You all never had. I have some good intention. If you cannot help please stay away.

Thanks.

Guest (Expert) 03 April 2018
Ms. Rakshita Malur,

I noticed, you did not do anything except spitting venom against one and all.

I can only advise you first deserve and then seek help, but by shunning your arrogance. Like you experts at LCI may not have been got English writing training theough your Google teacher, but can give some valuable advice, if you behave in a sensible and humble manner.

Like others advice, you may feel free to treat this also as a useless advice.

Rakshita Malur (Querist) 03 April 2018
Sir

To empathise should be in the blood stream of the advocates. You look old but you have not learnt to empathise. Sorry to say you are too old to learn. But you can try. Empathy should be the first trait of advocates. Which is not in many of your cases. Except mr sudhir nobody has replied anything. You all have given your views assuming many things which are not true.

Now. Some genuine replies are expected in order to save lives of young men and women. Old people like you who have one leg in grave and another in court hall wont understand what the query is.

I am most humbly asking for opinion and guidance.

Its rather the way you look at the query which is wrong. See from perspective of young men and women. People who all their lives have played with young men and womens lives cannot understand the problem posed here.

Let someone else reply.

Thanks.

K Rajasekharan (Expert) 03 April 2018
What you have said is true to the core in many family courts and in regard to majority of advocates who keep the file pending unduly long and make money out of it by many means including crafting many fairy tales.
To get rid of advocates from family courts except when they are essentially needed, you can file a petition before the Supreme Court pleading the court to give directions to enforce the Section 13 of the Family Court Act 1984 in its true spirit since its violation has infringed some of your fundamental rights like getting relief from the court without hassles.
The section says no party to a suit in the family court has a right to represent by a legal representative unless the family court considers it necessary. In other words the section says representation of a party in a family court by an advocate is an exception and not the rule.
The Section 9 of the act also states the duty of the family court is to make effort for family settlement rather than contested litigation.
If the Supreme Court thinks that your case is genuine you may get favourable orders.
Similarly you can also request the law ministry or law commission of India to think of making clear provisions in the family court law to get rid of advocates who make the family courts a place of contested cases rather than the forum for settling family issues, as against its purpose.

Guest (Expert) 03 April 2018
@ Mr. K Rajasekharan,

You have referred section 13 of the Family Court Act. Since the querist has filed DV case also, besides other things, please clarify whether the court can debar her husband from taking assistance of a legal practitioner?

Guest (Expert) 03 April 2018
Ms. Rakshita Malur,

Ill mannered person should not expect empathy, more particularly, when his/her parents have failed to make him/her learn manners how to behave with others. You are suffering and may perhaps continue to suffer only on account of such a serious drawback of yours.

Sudhir Kumar, Advocate (Expert) 04 April 2018
the advocates are not there when birth takes place but they are needed when murder takes place.

advocates should not at all be needed in matrimony but they are needed when either husband or wife or both decide not to live peacefully and come to court.

Sudhir Kumar, Advocate (Expert) 04 April 2018
If you really believe that barring advocates in family courts will solve the issue then file a PIL and use the same kind of language in that petition as you are using here.

Guest (Expert) 04 April 2018
Mr. K Rajashekaran you being an Advocate your self could file A Pleading to Not To Allow Advocates in Family Courts A PIL in Suprememe Court Or in your Own courts where you Practice and get every thing the Reward the Name and Fame etc etc ets as advised by me earlier please.

Guest (Expert) 04 April 2018
A great warrior with great expectations!

She seems to be a US return lady and also taught through English medium of the Google. She could better have filed her case in some US court, where the judges and lawyers could understand her so branded humble language, as they could be supposed to have got their education in English medium schools and Google both.

Mere making statement, "I am most humbly asking for opinion and guidance," does not mean humbleness of a person. What kind of humbleness she has is fully depicted from the arrogant language she used for one and all. If she can use the language "cooling his ass" even for the judge, the nature of her humbleness becomes more evident. Apparently, she can also be expected to use such type of the most refined language even during her submissions before the judge to win her empathy.

Guest (Expert) 04 April 2018
Mr K Rajasekaran is having a Pleasing Reply for the Querist and both could get Associated in the Case of No Advocates allowed in Family Court to be filed by the Querist.. But in such Case the Rewards as mentioned by me only will go to the Client and Not the Advocate

Guest (Expert) 04 April 2018
Mr K Rajasekeran you being an Retired Government Official in Kerela you should be confident of what you are advising the Innocent Querist

Guest (Expert) 04 April 2018
Refer the Orders of Kerela High Court (your place ) on Sep 16 th 2011 by Honorable Justice P.R Ramachandra Menon.

Guest (Expert) 04 April 2018
" Parties can engage a Lawyer of their own choice and Lawyers are entitled to File Vakalat before All Courts, Tribunals and Family Courts. in view of the Central Government Notification in Act of Sec 30 of Advocates Act " The Sections of Family Courts has become Redundant " " the Honorable Judge Said "

Guest (Expert) 04 April 2018
Redundant - Meaning - No Longer Or Not Applicable

Guest (Expert) 04 April 2018
Mr K Rajasekuaran - Please Discuss and Confirm with your Seniors

Guest (Expert) 04 April 2018
Other Wise Mr K Rajasekeran you could also get Rewards and Precious Gifts from other Learned Advocates in the Courts it self once your Pleadings for " No Advocates should Appear in Family Courts " Once it is If At Al if it is Accepted and Comes for Hearing.

Rakshita Malur (Querist) 04 April 2018
Every battle is won and lost before it is even fought. – Sun Tzu

If there are 100 advocates, 80 out of them will not support this. The other 20 will. The only ones who are practicing are those who could not get a job in some company, could not get job of lecturer, could not fit else where. Only very few of them took up this profession with motive of helping others. Rest all are only in for the money.

There are 2 sides to the coin. There are advocates who agree that advocates are crooks. There are advocates who don’t agree that they are crooks but dacoits. And there are advocates who simply misguide, give wrong direction and laugh when behind our backs, some laugh on our face, some laugh sitting at a bar with fellow advocates.

Your own advocate mr rajashekaran agreed how you people are. Court also knows this. Court also will agree to my views. Shortly I will have to face a lot of flak by many advocates who think that I am snatching their only means of livelihood.

I am prepared. You people mocking at me itself shows how judiciary works and what state it actually is in right now as you read this.

Many laws have become redundant because of crooks like you. It’s a nexus between judges and advocates where you both think it cannot be challenged and broken. Courts are set up to help people. They were not set up to feed advocates and judges by providing them cases. That should have been the main critieria of the courts. Sadly today that is no more the criteria. Courts have been made procedural rooms where even to shit you will have to follow a procedure, thus making it almost useless for common man to get relief from court.

You should understand that you people are in no way helping the common man who is already troubled, you are simply making the lives of common man more miserable due to the nexus of judges and advocates.

The advocates as I told can always take up other cases where you can twist and turn the case for your own personal gains. With crooked politicians, crooked bureaucrats, crooked industrialists trying to willfully gain by taking advantage of loopholes in laws. Advocates are here to stay. If there were some conscience in any of you except mr rajashekaran and mr Sudhir, you would have gone ahead and filed PIL yourselves on this matter long long back, thereby not making the family courts act redundant.

Like I said the battle is already over, I have already won you guys have already lost. You will in short time be told not to take up matrimonial dispute related cases especially the ones where crime is not involved.

There is always something to learn from everything. I am very thankful to you all for sharing your experiences.

If there are some more inputs I will be more than happy to acknowledge them.

Guest (Expert) 04 April 2018
'True Ignorance is Not only the Absence of Knowledge but also the Refusal to acquire it. - Karl R. Popper

Guest (Expert) 04 April 2018
A sadistic person who believes only in her theory about nexus between the judges and the advocates and one and all as crooks & dacoits, including bureaucrats and industrialists without any context with her case, cannot be happy with any more input by anyone, may he be the most honest, sincere and rational. You are desirous only to find feel good advice by anyone and everyone, like the advice of Mr. Rajasekharan.

However, I am happy to note that you have posed some confidence on Mr. Rajasekharan and not considered him as crook. So, my suggestion for you is to hire his services to help you win the case, provided he also does not desert you within a short time due to your most refined English school language and culture.

Guest (Expert) 04 April 2018
Already 5 Wickets gone and If Mr. Rajasekaran is going be No 6 as per her wishes Mr Sudhir Kumar would be No 7th Down Please

Guest (Expert) 04 April 2018
Good observation by Mr. N.J.S. Rajkumar, except about Mr. Sudhir Kumar, as he does not seem to be eligible to take up her case to present in a court of law.

Guest (Expert) 04 April 2018
Yes Ofcourse Mr.Sudhir Kumar as a Deputy Manager of a Company should not appear in Courts. But he Should Legally Justify his Support to this Ignorant Lady's statement " Advocates Should Stop entering Family Courts " Obviously they should not plead or represent Her/Querist's Other/Opposite Side." ". Deputy Manager Mr. Sudhir Kumar .. should Legally Justify his support to this statement of the Querist please.

Sudhir Kumar, Advocate (Expert) 04 April 2018
In fact she has asked no query worth deliberation by the experts above.

Guest (Expert) 04 April 2018
@ Mr. Sudhir Kumar,
if you want to know whether her query was worth deliberation, you would be required attend some English medium school. In fact drawback of the experts is that they have not attended the English medium schools. if not too old, you are also somewhat old to learn. But, problem is, if the judge of the case has also not attended any English medium school, what will happen to his case. Empathy is expected to be absent in his blood also.

Guest (Expert) 04 April 2018
Mr. Sudhir Kumar being a Deputy Manager it is Just a Pass time for you here with no intention of any thing

Guest (Expert) 04 April 2018
Mr Sudhir KumarYour Friend / client or querist had stated the Learned Advocates as " Blood Sucking Zombies " and "Crooks " Mr Sudhir Kumar you would enjoy it sitting in Lawyers Forum.

Guest (Expert) 04 April 2018
Mr Sudhir Kumar Kindly Post her/ your client/ the querist Address with case details here which you have and details of her concerned Court and I would Request The Women Forum of Advocates in her Court to give her the proper Teachings.

Guest (Expert) 04 April 2018
Mr Sudhir Kumar - The Meaning of Blood Sucking Zombies Means Blood Sucking Evil Ghosts. You want We Advocates to Enjoy her Comments . You Could enjoy her comments she being your ............. not able to understand or comment client or what ever it is.

Guest (Expert) 04 April 2018
Mr Sudhir Kumar Now you would have understood why you were advised to attend an English Medium School Please.

K Rajasekharan (Expert) 04 April 2018
It should be ideal that the lawyers should not be allowed to appear before the family court particularly when it is trying to seek reconciliation between the parties under Section 9 of the Family Courts Act.
The primary duty of the Family Court hearing matrimonial cases is to try to reconcile the parties as envisaged by Section 9 of the Act. At this stage, Lawyers are not at all necessary, and it is for the Court to try to persuade the husband and wife to get reconciled.
Lawyers may also not be allowed to appear on cases under Section 13B of the Hindu Marriage Act (divorce by mutual consent).
However, if the reconciliation attempt fails and the matter has to be decided after strong contestation, the Family Court should allow Lawyers to appear in behalf of the parties. This is needed as divorce laws and other family laws have now become a complicated branch of law, and an ordinary person cannot be expected to know such legal perspectives. Since there is a catena of decisions on this matter, a party unfamiliar with them may not perform well as a trained lawyer can do.
But many of the lawyers are not up-to-date in their legal knowledge or trustworthy enough to be entrusted with a case involving the delicate life of the parties particularly when they are in their youth years.

Guest (Expert) 04 April 2018
Honorable Retired Government Official Mr. Krajasekharan What you are Trying Say From Legal Point Of View.

Guest (Expert) 04 April 2018
Not Only In Family Courts even in Supreme Court the Client could appear Party In Person . That is what the Querist is doing.

Guest (Expert) 04 April 2018
Mr Rajasejharan Have you Read My Posts in this Thread Exclusively addressed to you please.

Guest (Expert) 04 April 2018
Mr Rajasekharan Please Read the Orders of Kerela High Court Posted here addressing you and then come back and Let us argue.

Guest (Expert) 04 April 2018
Dear K Rajasekharan,

What is ideal, what is not, all depends upon the individual perceptions. So far as complications of law are concerned, that is the main drawback and compelling reason for a layman to depend upon the lawyers. Further, I hope you would like to agree with me, notwithstanding the law being complicated in itself, once lawyers of both the sides enter in to the arena, they make the case much more complicated even more than the law itself for a judge to arrive at some perfect judgment. Most of the litigants don't get justice due to the complications created by the lawyers more than the law, itself. Not only that due to such complications the judgment is delayed abnormally and takes decades to get settled before that becomes deliverable.

In fact, the judiciary system needs drastic changes, where the Acts of Law should be rewritten in very simple layman's language to be understood without any difficulty by the litigants. In addition, instead of watching helplessly as mediators, the judges are also ought to be so perfectly qualified and experienced in law that they themselves may pose questions to both the parties, as well as the witnesses, of the case to get all the complications of the case removed for clarity purpose to help pronounce their judgment. So, judges should be much more in number than even the lawyers. Help of lawyers should be sought only in the capacity of amicus curiae in all types of the cases. That way, the element of bias and prejudice may vanish and the judgments can become quite fair and just and help drastic reduction of review petitions and appeals..

I fully understand that many of the experts may get annoyed with me due to my views, so expressed here. But, we should not hesitate in calling a spade a spade.

Guest (Expert) 05 April 2018
There is Nothing to get annoyed here by any one. Here the Query is Whether the Querist Could make Or get her Objections ordered in High Court that No advocates should appear in Family Courts for Her Other side/ Opposite Side Obviously Her Husband Side.. She could try But Certainly "NO" would be the Answer Please.

Guest (Expert) 05 April 2018
Basing On Advocate Kamakshi's Statement that here she feels Laughable obviously It makes us Understand Why She had Posted a Thread today Complaining against Consumer Forums that Titled as " Consumer Forums Laughing at Consumers " Obviously at her self..

Guest (Expert) 05 April 2018
Advocate Kamakshi had Complained in that Thread the Bench Clerk and Lady Attender were Laughing at Her in the Consumer. Forum Like Here as She feels Laughable The Bench Clerk and Lady Attender had already Laughed at her.. Whether they would have laughed at her with out a Reason. Their Laugh is obviously Justifiable Please.

Guest (Expert) 05 April 2018
Advocate Kamakshi should keep on continuously Laughing to make others realize her.

Adv. Yogesh Pawar (Expert) 05 April 2018
Adv. Kamakshi I have read your query regarding consumer forum laughing on you. If you don't have any knowledge regarding Consumer Laws then why you entered consumer forum and ruined your client and make forum staff to laugh at you. I doubt you are Advocate. I think you are just doing timepass here.

Guest (Expert) 05 April 2018
Advocate Kamakshi Please justify the reason Why the Bench Clerk and Lady Attender Laughed at you in the Consumer Forum as you had mentioned. Explain in detail I would ask my Friends in Nellore to Enquire them about it. Please.

Guest (Expert) 05 April 2018
Adv Kamakshi Thanks for the Correction and modification and deleting the word "Laughable " in your second last post and converting it as "risible "Please.. Obviously your guilty is proved please.

K Rajasekharan (Expert) 05 April 2018
The querist raised a valid issue of great social concern in which legality is an inseparable ingredient, and stated vividly, though in an intemperate style, the state of affairs in our family courts which needs correction.
Majority of the matrimonial cases pending in our courts are nothing but mere handiwork of some of the flourishing advocates who create seven or twelve cases when a party approach him for some relief out of his or her matrimonial discord.
It is the court verdict that inducted the lawyers integrally into the family courts though the legislature did not intend it. The only recourse left before a person to show the lawyers their way out from the family court is to approach either the higher court to bring out a new ruling or the legislature to amend the law.
The answers to the query and the unnecessary cross comments clearly revealed how uncivil some of the advocates are. They deserve nothing but blatant disregard.

Guest (Expert) 06 April 2018
Mr K Rajasekharan Instead Of crying here You your self could file a PIL in Trissur Courts it self where you are now and Gifts made in Trissur would be very valid and you would get it.

uttamtibrewal@yahoo.com (Expert) 15 April 2018
Mam ........... Its really sorry to say that you have meet with wrong people who are more concern for money then providing relief.....In family court you can move your own case ... no need of any such lawyers....
if you need any help in regarding to the proceedings at any stage you are most welcome .
once again sorry for such lawyers and wish you a great success ahead.

Sudhir Kumar, Advocate (Expert) 16 April 2018
she has been given the solution. she can appear in person for her own case. but cannot stop other party from bringing lawyer.

There are many forum where lawyers are not allowed but Family Court is is not such forum. She can file PIL and get directions from High Court. Many poineers have achieved many things.

But in the said petition she may use the same type of laguage as she uses here.

Guest (Expert) 16 April 2018
@ Mr. Uttam Tibrewal,
Before offering your help, you could first have thought whether you entered some English medium school to learn the specialized English language of the querist. Otherwise, you would be the 6th lawyer to be in her reject list. When her own husband and 5 other lawyers failed to create mutual trust with her, your fate is also quite imminent.

Anyway, best of luck, if you are selected to fight her case. But, despite your offer, how that can happen, when she is bent upon stopping the advocates from entering the family courts. Your chance has vanished ab initio.

So, better tell her the way here itself, how to stop advocates entering in to family courts. That may help you to win her trust to have a scope for shining your advocacy in her future cases, as she is destined to continue her fights indefinitely .

Guest (Expert) 16 April 2018
"A truly successful person is not one who achieves his highest ambition , but one who enjoys helping others reach theirs "__ Charbel Tadros

Guest (Expert) 16 April 2018
Helping Mind Of Mr. Uttam Tibrewal is appreciated.

Guest (Expert) 16 April 2018
Approach of Mr. NJS Rajkumar is more impressive and appreciable than Mr. Uttam Tibrewal. He has sufficient chance to win her trust, provided he does not ditch her in between the trial, like other 5 lawyers.
Good luck!

Guest (Expert) 16 April 2018
Dhingra Alias Jigyasu the Fake and Fraud could utter any thing being .....................................................(leave it to you to fill the blanks )

Guest (Expert) 16 April 2018
Mr. NJS, you have a very good chance for winning her trust on account of your sweet laden deceitful language and chosen maxims of other people, in which you are expert. Even otherwise also, you have the need of clients, as you seem to be jobless. Why not try your luck?

You can see, See I have filled your blank perfectly.

Guest (Expert) 16 April 2018
Dhingra alias Jigyasu the Fake and Frauds understand that in India 31 Million Indians are with out job please

Guest (Expert) 16 April 2018
May there be 31 millions of Indians are jobless, but one case can be expected to be allocated only to a single jobless lawyer that too at the sole discretion of the litigant. I hope that much commonsense you have.

Guest (Expert) 17 April 2018
Dhingra alias Jigyasu You could call me any thing but it makes us understand you are just Useless.

Guest (Expert) 17 April 2018
Already Dhingra was suspended Here Twice and I only Bailed him out which he had forgotten and he had come with a fake identity Jigyasu the useless

Rakshita Malur (Querist) 22 April 2018
The feedback given by experts is much appreciated. The contents of my question posed itself will suffice the PIL content. If my PIL get accepted and if the courts really want good to happen to young women and men who are into matrimonial dispute, it will bar the advocates from family court shortly. There will be huge uproar from legal fraternity. The case will go till the Hon SC. But I will fight for the youth of this country who are simply wasting life in courts due to unscrupulous advocates. Thanks all.

Guest (Expert) 23 April 2018
Of course people tend to spoil their lives when they run to the courts without possession of solid evidence in their support, whereas most of the cases can be settled amicably with the help of some sensible elders and sincere friends. Courts can also not be burdened too much to waste decades in several cases to decide the cases. Only the most complex cases should go to the courts of law for settlement.

Sudhir Kumar, Advocate (Expert) 23 April 2018
If you really succeed in this PIL then you may be able to create a landmark. "uproar" etc of any individual or group cannot be factor for those who move ahead.

I could have given detailed write up on the PIL.

Guest (Expert) 23 April 2018
You may take help of Mr. Sudhir Kumar for detailed write up for PIL, as assured by him.

Guest (Expert) 23 April 2018
The Author Could have even two Persons as Party in Person Petitioners in their PIL one being the Author and the Other could be Mr. Sudhir Kumar.

Sudhir Kumar, Advocate (Expert) 23 April 2018
@ Mr Rajkumar

I never said that I will be petitioner.

K Rajasekharan (Expert) 23 April 2018
The two key things that helped the lawyers – including the unscrupulous ones as it is told here - find a place in the family courts are:-
(1) The notification of Section 30 of the Advocates Act by the Union government at the initiative of Veerappa Moiley (Please see the news item at http://www.thehindu.com/news/national/lawyers-can-practise-in-all-courts-soon-veerappa-moily/article2077404.ece) and
(2) a judgment issued by Justice P R Ramachandran Nair of Kerala High Court (Please see the judgement at https://indiankanoon.org/doc/117243880/ .

Sudhir Kumar, Advocate (Expert) 24 April 2018
I am thankful to Mr Dhingra for kind appreciation.

However, I only said I could have helped I never said that I will help.

K Rajasekharan (Expert) 24 April 2018
As the judgement of the Kerala High Court mentioned above states that the issue involved therein is purely a 'question of law'.

However, the later part of the judgement in its totality is a shoddy exercise in logic and jurisprudence aimed at finding more jobs to the jobless advocates. The conclusion arrived at in the judgement is based on patronage of the court towards its own fraternity, the advocates, in expanding more opportunities for them.

In the exercise, the court has failed to consider the purposive nature of Section 13 of the family court legislation while interpreting the question of law. It should have been better if it had resorted to purposive interpretation in arriving at the conclusion.

The Right of Advocates to practice in all courts and before any tribunal or person legally authorized to take evidence as per Section 30 of the Advocates Act should not have got precedence over the Section 13 of the Family court Act which says that no party to a suit or proceedings before a Family Court shall be entitled, as of right, to be represented by a legal practitioner, except when the Family Court considers it necessary in the interest of justice.

In fact, in strict sense of the law, by the notification of the Section 30, all the lawyers have acquired a right to practise before all Courts/Tribunals and such other forums, except when they are not specifically barred by the legislature in its wisdom. Here the legislature itself has barred their presence in the family courts.

Can a court, such as Kerala High Court, go against the intention or will of Parliament is the legal question to be contested in this matter. Parliament in its wisdom decides in a special law that the lawyer’s right to practice in family court is not a matter of right. And no other statute including the advocates act does state in crystal clear terms that they have a right to practice in the family court as a matter of right. Here the court takes the role of the legislator and makes law against what out law making body has made. Law making is not the job of a judicial body.

The purpose of family court is to preserve families but not to break them. Unfortunately the advocates are engaged in doing the just opposite of its purpose by bringing in unnecessary facts that do not have any standing before the law of evidence or the hair splitting legal questions devoid of sound logic or merit, thereby resulting in breaking of many families, for their pitiable living. Lawyer’s profession is a great profession which no one else can normally occupy if they are sound in thinking and logic. It has a greater need in the present world where things are more legalised.

I am afraid the judgment of the High Court of Kerala is a shoddy exercise in interpretation based on sloppy logic and it can be questioned in a higher court in legal terms itself. In moralistic terms, the judgement has no chance to survive at all.

K Rajasekharan (Expert) 24 April 2018
In this regard I may add that it is the legislature that should decide what kinds of courts India needs, who should enter their portals as stakeholders, what kind of procedures are to be followed in them etc. The judiciary cannot ultimately decide such things if such legislative decisions do neither contradict the inalienable fundamental rights of the citizens nor go against the constitutional scheme of things.

When any law or legal provision is unjust, unfair and unreasonable, the judiciary will get some power to overrule it but not otherwise. As Lord Denning says, the court can iron out the creases in the enacted laws, but not remake them in a manner the legislature has never intended. Judiciary is not expected to be the law maker. Legislature is the law maker.

The legislature herein decided that the advocates cannot practice in a family court as a matter of right. Then how can the court which is expected to uphold the constitutional values and other legislative laws while interpreting them decide that the advocates can practice in the family court against the clear legal provision? The court finds some technicalities and says that they can enter the family court as a matter of right.

This happens at a time when arbitration, mediation and conciliation are being resorted to settle conflicts rather than the adversarial court process. It is said that that ninety percent of conflicts in the USA are settled by alternate dispute resolution mechanisms but not the adversarial court process.

Indian family court is a place meant for such alternate mediatory mechanism for which the lawyers are not all well equipped.

Ms.Usha Kapoor (Expert) 10 June 2018
All current law colleges in the country should be updated to National law colleges level. They should have similar entrance and similar syllabus. BCI All India exam also should continue and should be made mandatory. Iff Lawyers studied in such law colleges have lots of legal and general knowledge and decency and discipline etc such lawyers should be allowed to enter Family courts.They with their articulation have excellent argumentative capacity.Excellent at legal drafting;. They have excellent reasoning abilities.

Ms.Usha Kapoor (Expert) 15 June 2018
i LIKE MY OWN CONTRIBUTION AS WELL AS Mr.Raj Kumar''s contribution.

Ms.Usha Kapoor (Expert) 15 June 2018
I like myy o0wn contribution as well as Mr,Raj Kumar's contribution.

How to stop advocates from entering into family court?

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