In family court you have to make application to court for permission to engage a advocate
your lawyer is not misleading you
it is to represent you in the case
GWOP Petition
My wife filed a GWOP petition with the family court in Vijayawada seeking sole guardianship of my daughter. She stated that she is earning INR 20000 per month and that she can take care of my daughter. This contradicts her filings in MC case from 2019 where she filed that she needs 50000 for her and 50000 for my daughter per month. My advocate has not been fair and been working with her advocate internally and not being very cooperative. In the case of GWOP, first hearing is on April 7th, he said he needs to file Vakalath and permission petition to represent me in this matter and ask for time from court to file a counter for her GWOP petition. I understand Vakalath for representation and asking for time from court to file counter, but what is a permission petition to represent me in this matter? This is a bit confusing and feels like he is misleading me on this matter and I don’t want the court to grant her sole guardianship for her to apply my daughter’s US passport without my consent. Please advise on permission petition, is that for representing me in the court or is it to seek court to let me see my daughter at a stipulated time? Thank you
Asked 3 years ago in Family Law
Religion: Hindu
9 Answers
It's a formal application done in the family court for representing you. You can change your lawyer if you feel you are not comfortable with him
You mean to say that permission petition under section 13 of G.W.O.P is to represent me in the same matter?
Asked 3 years ago
Permission petition is to represent you
Under Family Court Act, a lawyer has not right to represent a party, he need to seek permission from Court under Section 13 of the Act. He needs to file just an application containing 100 words. It is a routine matter.
Permission petition is to be filed by the party to the case seeking the court's permission to assist the party in conducting the case.
It is a routine issue and there is nothing to suspect about it.
The vakalatnama alone is not enough to represent you before family court, you need to obtain permission from family court to appoint the said advocate to assist you in the case.
If you suspect the advocate for some other reasons oo, then you aan very well change the advocate.
It is mandatory to file a permission petition under the provisions of section 13 of the Family courts act for whatever case that is to be represented by an advocate of his client.
It may be GWOP or MC case or divorce case or even FC original suit, you need to obtain permission from court to assist you in this matter which is in the form of permission petition.
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Dear Client,
As per the facts which have been provided, you need to state your problem with more clarity and consult an advocate to get a better hold on this case.
Yes
Vakalth in family court have to be submitted with sec 12 of family court act.
Its mandatory else Judges wont accept Vakalath.
