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Bohemian Queen   16 February 2025

Misconduct of adv help required pls

Dear Respected Advocates
Please help

Arguments all documents has been submitted
the point is coming to
my child is victim above 18
I paid part fee by chq and part fee was paid by a friend
technical issue raised is

if the victim was above 18
yes was above 18 when adv hired
payment was accepted by adv given by parent-me and friend
waqalatnama signed by victim

so adv says im not client
but all evidence was provided by me

child has mental health problems
any judgements that allows mother to be client and file misconduct? which I already have

any legal clause judgement that allows mother to stand for victim in misconduct?

this would make me feel miserable that despite much evidence against adv, the complaint can be rejected
I need to clear my stance please help

Pls Help



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 February 2025

A victim above 18 years age is not a child.

Under the Protection of Children from Sexual Offences (POCSO) Act, a "child" is defined as any person below the age of 18 years, meaning the victim must be under 18 for the Act to apply. 

You have not stated if the cse was filed under POCSO Act or under which law.

If the victim is mentally challenged then the mother can be a next fried to represent the victim before court. 

1 Like

Bohemian Queen   16 February 2025

T. Kalaiselvan, Sir

Thank You once again yes victim is mentally challenged

So I get a stand

Thank You soooooooo much

appreciated

Wishing a Good Night

Real Soul.... (LEGAL)     17 February 2025

If the age is 18 or above that is major , but you stated that the child is specail need case then you need to get a legal guardianship  certificate from court, that is must for your child for all the times. You will be appointed legally to handle all the things relate with your child. 

If you feel aggrieved of conduct shown by your hired advocate , just file a complaint to BCI and SBA, even you can write to chief Justice of your state for your grievances being head of court of records.

1 Like

Bohemian Queen   17 February 2025

Thank You so much Real Soul, appreciated.

Good night


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