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Can a lawyer argue a case in Indian

family court without submitting a
vaqalat? Please specify exceptions
if any.
6 Answers

Yogesh Wagh, works at Government of

Maharashtra (2006-present)
Answered 4 years ago · Author has 59 answers and
93.4K answer views

Section 13 of Family Courts Act, 1984 places an

embargo on any lawyer from appearing before
Family Court. Any party has to file an application
wherein he has to assign reasons to specify as to
why he seeks legal assistance to lawyer.Unless
the Family Judge is satisfied that the party is not
educated enough, he is not allowed to seek a
lawyer as no lawyer can appear in a Family Court
as of right. Only when the said application is
decided after hearing the other party, a lawyer
can filed a Vakalatnama.There is a very nice
judgment on this point rendered by ORISSA high
Court wherein reliance was placed on judgment
pronounced by Supreme Court. This judgment of
Hon Orissa High Court (Division Bench) is
reported SAMARENDRA JENA Vs SANGHAMITRA
BISWAL , Writ Petition(Civil)Nos 863 and 1011 of
2013 decided on 12.7.2013, reported as I (2014)
DMC 420 (DB) (Ori).

You can find this judgment on India's Most

Powerful Law Search Engine , a free website on
legal judgments. Your problem will be solved
within no time once you grasp the finer law point
settled in this judgment. If you want the said
judgment with headnotes Pls send me your email,
I will mail it to you.

90 percent of lawyers don't know this and those

who know will never enlighten you. These lawyers
who had filed Vakalatnama without the party
moving an application for engaging a lawyer as
mandated by imperative provisions embodied in
section 13 of Family Courts Act, 1984, they are
guitar of civil contempt and also professional
misconduct as there appearance before Family
Court is without authority of law and illegal, you
make make a complaint to the State Bar Council
against them.
3.2K views · View upvotes

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P R Shanmugam, Senior advocate

Answered 5 years ago · Author has 140 answers
and 358K answer views

Advocates have no right to appear on behalf of

client in the family court. Client is entitled to get
assistance of a lawyer with due permission of the
court. So court permission is needed to appear.
You have to verify whether your opponent lawyer
has court permission or not . If he has no court
permission you may protest against his
appearance and get him out from the
proceedings.
896 views · View upvotes

Promoted by UPES

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UPES good for law education?
Aritraa Dhar, BBA LLB from University of
Petroleum and Energy Studies (2022)
Answered 7 months ago

At UPES School of Law you will get ample

opportunities to learn various multidisciplinary
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options available are International Trade Laws,
Banking, FinanceContinue reading
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Onkar Kanbarkar, Lawyer - Expert -
Recovery of Money and Civil Actions.
Answered 5 years ago · Author has 303 answers
and 472.1K answer views

No a lawyer cannot argue in court without

submitting Vakil Patra also known as
Vakalatnama.

However, a lawyer can authorise another lawyer to

argue in his stead with written authorisation.
Without such written authorisation & Vakil Patra a
lawyer cannot in a case for another party.
This answer is not a substitute for professional legal advice.
Th… Read More

758 views · View upvotes

2 1

Aniruddha, Graduate from Banaras Hindu

University (1974)
Answered 5 years ago · Author has 4.3K answers
and 6.4M answer views

You wanted to see a case law. Please see AIR

1997 Bombay 126.

That case states:

“7. The relevant provision for the present purpose

is sub-rule (5) of R. 4 of O. 3. According to it no
pleader who has been engaged for the purpose of
pleading only is permitted to plead on behalf of
any party unless he has filed in Court a memo of
appearance signed by him and stating the names
of the parties to the suit, the name of the party
for whom he appears, and the name of the person
by whom he is authorized to appear. The proviso
to this provisionContinue
carves out an exception. If a
Reading
party appoints a pleader to act
2 5

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Can any random attorney access my

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Shayak Chakraborty, Advocate, Calcutta

High Court
Answered 5 years ago · Author has 739 answers
and 3.3M answer views

A lawyer can argue a case without a Vakalatnama

in two specific instances...when he is representing
himself in person (ie arguing his own case) or
when he has been authorised to argue by the
lawyer who has accepted and filed the
Vakalatnama in the matter. This particularly
happens in the case of Senior Advocates, who are
prohibited from filing Vakalatnama in a matter.
Senior Advocates appearing in a matter usually
appear after being briefed in the matter by the
Advocate who has filed Vakalatnama.
1.3K views · View upvotes

Koushik Rajendra, advocate at new delhi

Answered 5 years ago · Author has 1.1K answers
and 2.1M answer views

order 3 of civil procedure code (CPC) deals with

it.

there is no bar for a person to go and act on

behalf of another person i.e his recognised agent.
nowadays courts direct Legal services authority
to appoint a advocate. even it is written in rule of
order III of CPC.

Even courts do not allow a person to argue for

every person who come to court, if that is the
case why advocate institution. i mean if “A” is
recognised agent and if he is appointed for every
person who come to court, there wont be
necessity. But ifContinue
parties start appointing their
Reading
agents of their own. that is appointing his agents.
1

Related Answers

Related Answer

Shalini Pandey, Lawyer working in Energy

Law sector.
Answered 5 years ago

Can we directly file a case in high court or the

supreme court of India, without going to
subordinate courts?
Originally Answered: Laws in India: Can we directly file a
case in high court or supreme court, without going to
subordinate courts?

In India, there is hierarchy of courts, which means

one has to first approach the lower courts for
remedy. However, this rule is subjected to the
following exceptions:

1. Violation of Fundamental rights- If an

individual’s fundamental rights like Right
to Equality, Life, Freedom of Expression
is violated, then she can directly
approach the High Court under Article
226 or Supreme Court under Article 32
of the Constitution of India, 1949.

2. Writs- Writ is a formal command and

there are 5 kinds of writ that can be filed
directly in the High Court or Supreme
Court.These are:
Continue Reading
a. When a person has been arre
159 11 10

Related Answer

Prakash Yadav
Answered 1 year ago · Author has 72 answers and
17.7K answer views

How can I fight a case without a lawyer in

Indian courts?
THOUGH as per provisions of constitution of India
, the law, specially Order III of CPC, any litigant
can appear on his own and he is assured of
equality before law. But in reality it is quiet
different. the advocates and many judges have
made judiciary as their sole domain with exclusive
rights to fearlessly exploit grievances and earn
without any accountability and responsibility. i
was compelled out of circumstances to appear
and argue our case. i have personally appeared
right from semi judicial tribunals, trial,district, high
and supreme court. i have
Continue Reading
studied,experienced,and observed, and
12 5

Related Answer

Cliff G., JD cum laude, Seattle University

Class of 2000
Answered 2 years ago · Author has 19.5K answers
and 42.7M answer views

In family court, can a judge rule against a

defendant because they were late to court by
no fault of their own? And refuse to hear the
defendants' defense and evidence?
Yes; if you are not present when your case is
called before the judge, then the judge may enter
a default judgment against you, and is not
required to provide you with any opportunity to
present your side of the matter. If you believe that
there were extenuating circumstances involved,
you may be able to move to reopen the case. I
would highly recommend consulting with a
licensed attorney in your jurisdiction for
assistance with this, as they will know the proper
procedures, processes, and positioning to
achieve your goals.
This answer is not a substitute for professional legal advice.
Th… Read More

264 views · View upvotes

Related Answer

NirbanJyoti Das, Marketing at

Technology Solutions Code (2011-
present)
Updated 4 years ago · Author has 110 answers and
243.4K answer views

What happens during a family court divorce

proceeding in India?
Thanks for A2A.

But I dont have any depth about what happen in

family court. Surely some dirty thing happens. I
also dont want to know what happen there. I was
present in one of my elder friend’s divorce cases
and needless to say extremely dirty things
happened there.

The wife could be asking maintenance in the

name of her livelihood( And no matter what job or
what salary he is getting form service or
business) and then also could be asking
maintenance of the children. The husband and
wife will try to mention each others faults no
matter he or sheContinue
did to the partner to prove
Reading
himself/herself not
47 8

Related Answer

John Martin Sujay, Marriage counselling

20+ yearss +
Answered 1 year ago

Who is the best family court/divorce lawyer in

Chennai?
Usually court case should be over within four
dates.

Maximum 7 dates.

If any advocate is is getting your case resolved

and decided within 7 days from the date of filing
the case.

Then that advocate is a good advocate.

Keep the above the measure and find advocate

yourself by going to the court premises or the bar
association.

No advocate will refer anybody to anyone.

If I refer you to some advocate in

Bangalore/Vellore/Chennai. If that advocate does
not perform wellContinue
and theReading
case will go on for years
without any end, you will curse him.and also curse
me. 4 1

If you don't pay him proper fees. He will curse

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