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Author Topic: 125crpc Case. Can members help with some simple questions please.  (Read 235 times)

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Offline DKS

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Respected Members,

Is it ok to attend a 125 crpc (filed in family court Chennai, by aged parent who deserted her family on her own and now wants support after 25 years apart) case by myself instead of with an advocate ? Or will they insist on an advocate.

I heard that family courts encourage the parties to only participate and only with permission allow advocates. I would prefer to attend by myself and though im not well versed with legal terms and procedures. I can present my points quite lucidly i think.

I was told that they dont have a normal court type of set up and its very informal where you dont have to stand in a witness stand etc but rather have a direct interaction with the judge.

Also i was told that they take into consideration what your actual income is before they actually come to a verdict. What if the respondents salary is very low and truly doesnt have any property in his name, then how does the court calculate. Just if anyone has an experience of how this works will be helpful.

Thanks

Thanks in advance.

Offline kalaskarkk

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Re: 125crpc Case. Can members help with some simple questions please.
« Reply #1 on: February 03, 2019, 08:25:46 AM »
Dear Sir,

You may dispute the relationship or otherwise. The normal court procedure will be followed. It is better to engage a paid  advocate or go for free advocate as below.

FREE LEGAL SERVICE BY CENTRAL GOVT AND STATE GOVERNMENTS
http://doj.gov.in/page/litigant-service
Litigant Service
Access to justice is a fundamental element of a just, equitable and civilized society.  The vision of Access to Justice for all means that opportunities for securing justice are not denied to any citizen for reason of economic and other disability.  With this vision Department of Justice initiated a pro-bono legal services scheme to provide free legal assistance to the marginalized applicants/litigants.
An online application form has been created below where the litigants can register information about their case or grievance. The Department will then connect them to a pro- bono advocate registered with the Department who will provide them legal aid free of cost. The nature of legal assistance provided shall be legal advice, drafting of case related document(s), appearance in the court (all or either of the three) depending on the availability of the advocates.
It is to be noted that, this endeavor of Department of Justice is a step in the direction of strengthening legal aid and increasing access to justice to those who cannot afford it and in no way it guarantees a favorable decision in the court for the litigant/applicant.
Further, pro- bono legal assistance provided by the advocates is a voluntary service where the advocates willingly devote their time to provide legal aid to the poor and needy applicants. Once a litigant/applicant has been connected to a preferable pro- bono advocate by the Department, the Department is not responsible for the quality of legal aid provided or time committed by the advocate to the case of the litigant.
Both the litigant/applicant and the advocate are free to discontinue their association at any given point of time giving valid reasons for the same to the Department within 15 days.
We hope that the pro- bono legal services will be a significant step in enabling access to quality legal aid and assistance to the people.
Interested persons may apply for pro- bono legal aid through the online service

FOLLOWING IS THE KARANATAKA LEGAL SERVICES…..SIMILAR IS AVAILABLE IN EVERY STATE

http://www.kslsa.kar.nic.in/

For Further Details Contact:
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Regards:

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No.74, 1st Floor, “Disley”  House,
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Offline advjaibansal

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Re: 125crpc Case. Can members help with some simple questions please.
« Reply #2 on: February 04, 2019, 07:15:04 PM »
Dear Sir,

Case by old aged parents are maintainable if they have no source of income to support themselves. children are under obligation to support them and pay for maintenance. you may contest the case on your own or retain lawyers, family court will not have any objection in both. Please file your reply and take all the objections and contest the case.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline DKS

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Re: 125crpc Case. Can members help with some simple questions please.
« Reply #3 on: February 08, 2019, 12:02:01 AM »
Dear Sir,

You may dispute the relationship or otherwise. The normal court procedure will be followed. It is better to engage a paid  advocate or go for free advocate as below.



Dear Sir,

Can you tell me what you mean by dispute the relationship. As in challenge that shes my mother or not or challenge her relationship with my father.

Challenge as a son might backfire is it ? Such as the court might ask for DNA test ? Also her name is listed on my birth certificate under mothers name.

Challenge her relationship with my father ? This might be possible, because as a child i have never seen anything except 1 very old photo of them just standing in the church. Nothing more. This ive seen when i was 12-15yrs of age. Now i dont know if she will even have such proofs. And i haven't ever seen any marriage certificate. But still if i contest this does it matter ? If she was married to my father or not. Some are saying BIOLOGICAL MOTHER, only that matters in court. So if this is true then contesting father mother marriage or if they were really married legally etc isnt going to help is it ?

Plz suggest your opinion.

Thanks

Offline DKS

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Re: 125crpc Case. Can members help with some simple questions please.
« Reply #4 on: February 08, 2019, 07:06:26 AM »
Dear Sir,

Case by old aged parents are maintainable if they have no source of income to support themselves. children are under obligation to support them and pay for maintenance. you may contest the case on your own or retain lawyers, family court will not have any objection in both. Please file your reply and take all the objections and contest the case.

Regards,

Dear Sir,

Thanks for your kind reply. Can you kindly give some suggestions based on my above quoted points please ?

Thank You

Offline DKS

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Re: 125crpc Case. Can members help with some simple questions please.
« Reply #5 on: February 18, 2019, 07:24:59 AM »
This is the first summon ive received. I have not received the certified copies for this case. Will that be a problem ? I am going to attend the case as summoned. On that day can i ask for certified copies ? Or do i need to have certified copy of the case in my hand when attending ?

Also on the first day can i appear in person and ask for time to fix myself an advocate ? Or will there be some legal processes to be done on the first day itself ?

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