AIR 2012 KERALA 23 ::2012 (1) Civ LJ 842 ::2011 (3) Ker LT 936 ::2011 (3) Ker LJ 791

Kerala High Court

Hon'ble Judge(s): P. R. Ramachandra Menon , J

(A) Civil P.C. (5 of 1908) , S.122— Civil Rules of Practice (Kerala) , R.27(1)— Attestation of vakalatnama - Family Court issued notice to petitioner that in all cases, litigants and their counsel have to appear before sheristadar for executing and attesting vakalath - However, as per R. 27 vakalath executed by litigant had to be accepted if same is in conformity with statutory prescription - Therefore, there is no authority for Family Court to insist litigant to execute vakalath in front of sheristadar. (Para 7) (B) Family Courts Act (66 of 1984) , S.21— Family Courts (Procedure) Rules (1989) , R.5— Institution of proceedings - Family Court issued notice to petitioner to present sanction petition before sheristadar to engage lawyer - However, as per R.5 of 1989 litigant is at liberty to file application or petition before family court, even by sending same by registered post - Personal presence of litigant is not at all necessary - Hence, notice in this regard is liable to be set aside. (Para 8) (C) Family Courts Act (66 of 1984) , S.13— Advocates Act (25 of 1961) , S.30— Right to legal representation - 'Sanction' to engage lawyer as required under S.13 of Family Courts Act - Whe....