Cross - examination by a law graduate (not advocate)
Mahesh Chand Gupta
(Querist) 27 November 2013
This query is : Resolved
A petition was filed for legal separation by a law graduate not registered as an advocate. His wife submitted copy of F.I.R. u/s 498A, petition of maintenance u/s 125 as her evidences. Petitioner himself started cross-examination of his wife asking only six questions related to the case. Opposite advocate states that they will ask many questions and cross-examination will be long and he should not be permitted to continue. Judge agree with the opposite advocate and ordered to hire an advocate to continue cross-examination. Whether a law graduate petitioner can continue to cross examine in this case.
Devajyoti Barman
(Expert) 27 November 2013
Engaging an advocate is not compulsory. The court can not insist you to hire an advocate though definitely ask you unofficially to do so due to lack of experience.
Mayank Kumar Advocate
(Expert) 27 November 2013
if he will go on law points. then no need to hire any advocate in this condition ?
malipeddi jaggarao
(Expert) 28 November 2013
It is always better to engage an advocate instead of defending the on your own. You can brief the advocate with your knowledge.
malipeddi jaggarao
(Expert) 28 November 2013
It is always better to engage an advocate instead of defending the on your own. You can brief the advocate with your knowledge.
R.K Nanda
(Expert) 28 November 2013
take help of lawyer.
Rajendra K Goyal
(Expert) 28 November 2013
Legally not necessary, practically desired to take help of a lawyer.
T. Kalaiselvan, Advocate
(Expert) 28 November 2013
Party in person can prosecute/defend his case, there is no bar for it. If there is pressure from the judge to engage a lawyer to defend your case, you may apply for transfer of the case to some other court quoting this as the reason.
Dr J C Vashista
(Expert) 29 November 2013
It is not necessary to engage lawyer if the party can proceed personally.
However, it is better to engage a lawyer
prabhakar singh
(Expert) 29 November 2013
Everybody can personally conduct his own case whether educated,graduated in law or not but would face numerous difficulties for want of procedural
know hows which a lawyer knows adeptly.
Devajyoti Barman
(Expert) 29 November 2013
now prepare yourself and do the job yourself. best wishes.
Guest
(Expert) 30 November 2013
As a Law STudent you could gain experience AT YOUR OWN RISK SINCE IT IS YOUR CASE>
V R SHROFF
(Expert) 30 November 2013
"It is always better to engage an advocate instead of defending the on your own. "
I support this view,
or
u can get your cross exam Questions checked by Sr. Adv, and get guidance.. though RISKY, BIT BEING fAMILY MATTER, rISK IS NOT THAT HIGH
ajay sethi
(Expert) 30 November 2013
agree with experts . better engage a lawyer to corss examine .
Dr J C Vashista
(Expert) 01 December 2013
Nothing more to add, best of luck
