Defending for mother in mc

There is nothing against an advocate taking up his blood relative case and it is part of the profession..

A Person can very well argue/defend his own case although such person is not a Lawyer. In the instant case, your Son is involved in the case as the then Minor and now Major and he wants to represent you (mother) in the case besides. He can very well do so.

Although legally it is permissible but ethically (professional ethics) it is wrong to defend mother's case especially where the lawyer is himself a witness.

Was the son then minor (Now advocate defending)  a witness in the case?

Forget about professional ethics and do your duty as a son to a less privileged mother that brought you up to the stage without your father's support.

Originally posted by : G.L.N. Prasad
	Was the son then minor (Now advocate defending)  a witness in the case? Forget about professional ethics and do your duty as a son to a less privileged mother that brought you up to the stage without your father's support.

Sir, actually this is a case for maintenance filed in the year 1992, filed as In forma pauperis, which was converted to suit (myself  and my brother were minors being 2 and 3rd petitioners represented by mother) and made over to other court; grandparents got vexed up by the adjournments and absenteeism by father and left the case unattended in which court gave order and decree for Rs.1500/- per month, which was not complied.

Taking this situation as advantage, father filed divorce op and got ex-party divorce decree in the July 1996.

Now, though I am the party (minor) in the above case want to file/defend for my mother filing MC with new cause of action, which was aroused in the years 2007, 2008 and feb 2021 where father came to my younger brother's place and created galata. But the family court superintendent is asking under what provision you being a son and advocate to defend my mother in maintenance case. Family Court superintendent told that an IA can be filed in this regard to bring alive this suit and can contest for maintenance.

Request you to please clarify.

Please provide me with any citations in this regard.

SB

Get authentic clarification from BCI in this regard to show it Supdt.,Try to search in google for such precedents / case laws in the past.  Use relevant words in search.

An advocate can represent their family members, except in the following situations: ¹

• An advocate shall not appear in any case in which the outcome of the case will benefit him/her monetarily.  For example, an advocate cannot represent a person in a suit for the partition of a Joint Family Property in which he/she has a share.
• An advocate shall not appear in a case in which he/she is or can be a witness to the case. For example, an advocate cannot appear in a case where his one family member is accused of hitting the other family member.

• An advocate shall not practice in a court where he/she is related to the judge  as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.

• An advocate is entitled to represent any of his relatives in the court as his/her lawyer. Kinship or family relations with the litigant is no disqualification for a lawyer to represent him in the court.

•  

As a matter of abundant precaution you may bring the aspect to the notice of Court and can proceed with the case if the Court has no objection.

The advocate, if satisfies the conditions specified therein, need not notify the court concerned about this unnecessarily neither he/she need to obtain permission from court or the registrar for advocating and representing his family members in a case before court.