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Arguement by self without lawyer in divorce case at subcourt

Page no : 2

Kumar Doab (FIN)     19 September 2017

Certainly if you are not satisfied go ahead and change.

If you are confident that you can contest as PIP without any lawyer's support/back up go ahead.

 

Wish you the best.

KA Nathan   19 September 2017

Dear Kumar Doab, #"A reputed and able counsel worth his salt shall refuse case than to mislead or mistreat. You might have already come across or you may inquire and come across successful PIP and some of them might have also retained a counsel for back up support."# You are absolutely correct. I read an article about a farmer in our hometown, used to contest PIP and educating others too. A good counsel will never mistreat his client. Right words. Thankyou for your advice.

Vijay Raj Mahajan (Advocate)     20 September 2017

In the Family Court, the representation by the lawyer is not a matter of right under the Family Court Act, rather its at the descreation of the Family Court the representation of lawyer is allowed to the parties.

What it means the parties can appear and present their case in-person before the Family Court judge who shall be itself look into their case. To quote the various statutes and judgements relating to their case is not at all their responsibility but its the responsibilty of the Prinicipal Judge of the Family Court to refer it by itself.

In your case just appear in the Family Court and state what all is written in your petition or written statement, the evidence already recorded, if any and pray for the decision of the court in your favour.

Usually the evidence is recorded by both sides in the affidavit form and opposite party cross exam the other party based on the affidavit made by the party, if that has to be done you yourself can do it as all facts of the case are clear in your mind. Just be truthful and you will get favourable decision, a lawyer by itself willl not be doing any magic if there is no case in your favour.

KA Nathan   20 September 2017

Thankyou Ramesh singh ji. From your reply I understand the difference of criminal and civil proceedings in this kind of issue. We have filed case under adultory and cruelty. Thanks for IPC code nos infos.

KA Nathan   20 September 2017

Thankyou vijay Raj Mahajanji. Helpful informations.

Radha Krishna   20 September 2017

I cant make out what is the discussoin all about.  All this yeilds nothing. The entire system is corrupt. That is the main reason people face so much problem in getting justice.

Just think as common man, who dont have knowledge of law who got cheated, goes to court, asking justice.  Is it not the duty of the judge to take down in writing the complaint of the person, apply appropriate section and conduct trial?

Judges themselves discourage common man to fight case on their own.  Judges and lawyers are both favoring each other.  The moment one tells PIP, judge tells this that, but when same lawyer gives any bull sh*t paper, they simply accept.

The procedure is so complex that even lawyers at times dont know what to do when, that is the case of judiciary in India. Now what can common man do?  Take support of free legal aid?  Paid advocates make petitioners roam to court for years, suck their blood for years, how much help will be gotten from free legal aid???  Please think before deleting my ID.  Any truth is ungidgestable.

It is time that we stop expecting justice from these courts and lawyers?


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