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Abhinav Jaiswal   12 July 2024

Caveat advocate

If a caveat is filed by an advocate on my behalf,does this mean that the same advocate will necessarily contest the case in the apex court? Or can I hire a different advocate without needing a No Objection Certificate (NOC) from the advocate who filed the caveat?(i am very concerned since the advocate filing the caveat is completely stranger to me and I have witnessed instances where advocates withhold NOCs).

I am a wife in a marital conflict; my case for maintenance under section 125 CrPC was settled in my favor and subsequently upheld by the high court. Since I know my husband, I anticipate that he will go to the supreme court; I just don't want any orders or stay orders made without first notifying me.

Thank you. I would appreciate it if you could clarify my concerns.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 July 2024

The caveat is a different subject to that of the appeal or any petition to be filed before supreme court.

You may choose any advocate of your choice and it is not necessary to obtain even a NOC from this advocate.

P. Venu (Advocate)     12 July 2024

To my knowledge and understanding, in the given facts, filing a caveat in the Apex Court could be counterproductive. 


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