Legal Representation

Querist : Anonymous (Querist) 17 December 2009 This query is : Resolved
Why is it that in something as important as fighting for marital rights or child custody rights the litigant has no absolute right to engage a lawyer to fight his/her case in the family court? Contrast this with consumer courts where to complain about shoddy TV or tainted soft drink the consumer can engage lawyer of their choice.

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N RAMESH. (Expert) 17 December 2009
In both the forums party can appear in person to fight his cause.

In family disputes, the issue involved is of having personal and family values in which no legal expertise is required except for following procedure in presenting the case.

aman kumar (Expert) 17 December 2009
marital rights or child custody rights the litigant has no absolute right to engage a lawyer to fight becouse judjment based on emotion or personal relation with child ,not absulely on law,base on discreation of justice brain

Adv. Biju Gopal (Expert) 17 December 2009
If you want to engage a lawyer, you can file a petition for permission of the court to do so. The object of this provision is to save marital life of the parties without going to the legal complications.

Adv. Biju Goapl
www.familylawyers.in

Arvind Singh Chauhan (Expert) 17 December 2009
Litigant has right to engage a lawyer of their choice.

Raj Kumar Makkad (Expert) 17 December 2009
I do agree with arvind. There is no bar to engage lawyer in both the matters/forums/courts.

Querist : Anonymous (Querist) 18 December 2009
Under Section 13 of the Family Courts Act litigants do not have the absolute right to engage an advocate of their choice. The appearance of advocates is discretionary and Family Courts around the country apply different yardsticks to allow advocates to appear. The point I was trying to make is that in something as important as a person's family life the litigant is left to his / her own devices to navigate the archaic and arcane legal system of our country especially in 21st century India where most people to be found in the Family Court are working people in the prime of their working life and who have to take leave to attend Court.

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