Summon from family court

If one is fighting his case engaging a lawyer without giving vakalatma, it is left to the court to accept or reject. Dear querist comming to U, what are the counters U filed in retaliation of 498 A? Time factor required to close the case,, don't predict time factor

The Family Court Act though restricts engaging an advocate in the proceedings rather if court feels the urgency, it may allow the advocate as an amicus curiae. Amicus curiae does not have any legal right to proceed independently in the absence of the parties.

But it is a general practice in India to file vakalatnama & engage a counsel on your behalf in family courts. Without any authorisation, an advocate may accompany you in the court, but can not appear on your behalf in your absence. This is the basic concept.

Taking advice & appearing are different aspects. It is advisable to take the help of an advocate. A layman knows about the facts of the case only, but not the technicalities of the legal provisions & procedures. Being a doctor to your own disease might be fatal.

adp is right that an advocate need not file a vakalatnama in Chennai family courts.  Just mere representation on behalf of his client will be sufficient to make an appearance recorded. In the instant case, the querist may first appear before the court on the date of hearing, he will receive copy of petition if not received along with notice and will be given time to file counter or he may sent for counseling, so no precautions to be taken at this initial stage.

The matter of evidence to be produced before court will be during trial of defence evidence.

Authorization in the form of vakalatnama or a plain application or verbal submission recorded in the order sheet can do the needful.

But without any of the above, how can an advocate appear on behalf of a party and proceed for hearing. In such a case, any advocate can appear and take on the case even without the appearance of the litigant & the litigant would be at liberty to play with the advocates at will, changing from one another  without even taking an NOC. It would be a professional glitch to the legal practitioners??

Advocate T. Kalaiselvan sir, request kindly share your opinion in this regard.

High court of Odisha though its order in Sadhana Patra vs Subrat Pradhan on 10 March, 2006, Equivalent citations: AIR 2006 Ori 105, II (2006) DMC 316, 2006 I OLR 524 has clarified the engagement of an advocate in Family Court proceedings. Do we have any similar orders passed by the TN High Court???