Rashika Chaturvedi, M.K.E.S. College of Law, Mumbai
ABSTRACT
Family Courts Act, 1984 was set with an objective towards introspection into problems that have brought the parties to a matrimonial court such as breakdown of marriage, divorce, restitution of conjugal rights, claims for maintenance, alimony and custody of children. An effort must necessarily be made to find out the true cause of the breach and whether corrective steps are still possible. These issues are basically of personal nature and only a person can describe their situation in the best way. People or society doesn’t want their personal matter to be discussed with other people and want it to be settled amicably in a speedy manner, therefore with the introduction of Section 13 the roles of representation through advocates was limited, and the right to be represented by an advocate was denied.
But it is a well-known fact that adjudication of complicated or highly contested matrimonial disputes in the light of law and interpretation of provisions over a period of time, would require in given cases a legally trained mind. Inclusion of advocates in Family Courts will contribute to speedy trial, thereby delivering justice to the litigants. Since family matters are complex and require proper legal knowledge, proving the evidence etc., advocates' role becomes a necessity. An advocate develops the special skills of an experienced cross examiner by practicing it over years which can’t be expected from a lay litigant to plead. Litigants often have their sentiments take over their formal behaviour which an advocate trained in law and detached from emotions will help navigate the court towards relevant legal provision thereby delivering justice to the litigants. Thereby possibly defeating the purpose of introducing the Section itself.
This research paper tries to answer the question which arises is whether there is an absolute bar for Advocates to practice their profession in Family Courts? Does this restriction somewhere affect the party’s rights and freedom? These issues will be discussed in a comprehensive manner in this paper.
