• Can my wife's aunty who is an advocate fight her case?

Hi All,

I have applied for divorce case some 3.5 years back. My wife and her family are horrible people as they are fully female dominant and put all false allegations on me. There is no value for men in their family and thus, I have been mentally harassed by my wife who is misguided by her aunt who is a lawyer.

Now in family court, I objected for my cross examination to be done by her aunt who is an arrogant woman. Then family court judge agreed and passed order saying anyone other than her aunt can fight case on my wife's behalf. Her aunt is very arrogant lady and she won't let any fair discussion in court as she has personal grudge on me.
Now her aunt has approached high court asking why she can't handle this case and she wants to do cross examination.

So, pls tell me whether she really can fight this case? I am sure she doesn't let any discussion happen fairly and try to impress judge that I am on wrong side. Is there any law for like who or who can't fight case.

Asked 2 years ago in Family Law from Hubbali, Karnataka
Religion: Hindu
1) your wife aunty can appear on her behalf if she has been duly authorised by your wife . 

2) please reproduce order passed by the family court debarring aunt from appearing as an advocate on behalf of your wife 
Ajay Sethi
Advocate, Mumbai
40133 Answers
2278 Consultations

5.0 on 5.0

If her aunt is an advocate duly and properly enrolled in the Bar Council, there is no bar in she appearing for her niece.  She can very well appear on behalf of her niece if she has not been debarred by the bar council from practice.  You dont have any rights to oppose the lawyer engaged by opposite party.  
If the advocate on records for the opponent party is behaving arrogantly and not respecting law or having scant respect to human value, you may raise your objection to that aspect alone.
T Kalaiselvan
Advocate, Vellore
30183 Answers
314 Consultations

5.0 on 5.0

1. You can not restrain her from fighting case on behalf of her niece unless you could show that she is party involved in this dispute. So highlight her involvement in the dispute in high court.
2. Though you can not take decision on who should represent your wife in court , only route for your espcape is establishment of her aunt's role in the dispute wherein she is going to represent her client/relative.
Devajyoti Barman
Advocate, Kolkata
11212 Answers
139 Consultations

5.0 on 5.0

Why you afraid of cross examination. Any person who is an advocate duly and properly enrolled in the Bar Council can appear before the court and conduct the case on behalf of his/ her client. Truth always truth reveal with as per your lawyers advice. You do not have any rights to oppose the lawyer engaged by your wife .  
Ajay N S
Advocate, Ernakulam
2614 Answers
37 Consultations

5.0 on 5.0

1. Her aunt is right. The order of the lower court is faulty. 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.

2. The lower court's order can be justified only if the lawyer i.e the aunt of your wife did not confirm to the decorum of the court while conducting cross-examination. It is the duty of the lawyer of your wife to impress that you are on the wrong side of the law. 
Ashish Davessar
Advocate, Jaipur
22534 Answers
609 Consultations

5.0 on 5.0

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