Who can represent the party in family court when the party ?
C.A.POLIS PATIL
(Querist) 01 December 2017
This query is : Resolved
Whether the Uncle (brother of the father) can represent the party in Family Court when the party is unable to attend?
If yes please state under what law and section? if possible please quote decided cases by High Court or Supreme Court.
Regards,
aravind
Vijay Raj Mahajan
(Expert) 01 December 2017
Family Court were formed under the Family Court Act for the purpose of adjudication of family related disputes at the earliest possible time without much legalities which comes in play when lawyers are leaving no chance not to prolong the litigation, for this very purpose the right for legal representation by a lawyers or advocates for parties were left within the discretion of the presiding officer of the Family Court and not as a matter of right.
Who can represent the party in Family Court in absence of the party too is discretion of the judge to decide. The Vakaltnama or power of attorney is given to lawyer or advocate by the party and allowed by the court hence they are already doing the job in presence or in absence of the party so as such no other representation by anyone else really required. For purpose of making statement in court and cross examination, parties have to be present in person that cannot be ignored or refused by either of them.
Kumar Doab
(Expert) 01 December 2017
You can benefit from the advise of Mr. Vijay Raj Mahahjan.
Kumar Doab
(Expert) 01 December 2017
Regret the error.
Read Mr. Vijay Raj Mahajan.
N.K.Assumi
(Expert) 02 December 2017
All said and done by expert Vijay Raj Mahajan.
