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Rahul   03 June 2019

How to enable lawyer to depose as witness in divorce case

My uncle is co-accused in Divorce, DV and 498a case along with my Mother. He has got discharge in 498a case and has put civil defamation case against wife. He is also our lawyer in all these cases. All cases in MP. Now divorce case is at stage of our evidence/cross. My uncle gave his name in witness list since divorce case (and 498a/DV) says that "he had main role in marriage and cruelty against wife". However, opposite side has opposed this giving 2 argeuemnts:

                i) That MP high court has said that lawyer cannot appear as witness. They have not cited specific order.

                ii) That lawyer appearing as witness is misconduct as per section 35 of advocate act.

How to counter this and enable uncle to appear as witness in divorce case?



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