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Section 41: Permission for representation by a lawyer

Tamil Nadu Family Courts (Procedure) Rules, 1996.Central Rules · 1984

(i) The Court may permit the parties to be represented by a lawyer in Court. Such permission may be granted if the case involves complicated questions of law or fact and if the Court is of the view that the party in person will not be in a position to conduct his or her case adequately. The reason for granting permission shall be recorded in the- order.

Such permission for the assistance of the lawyer by either of the parties cannot be claimed or entertained as a matter of right. Permission so granted may be revoked by the Court at any stage of the proceedings if the Court considers it just and necessary.

39. Independent legal representation of a minor.- It shall be open to the Court to appoint any person capable of protecting the interests of a minor as his/her representative to represent independently the minor affected by litigation before the Court. The Court shall endeavour that such representative should not derive any undue pecuniary advantage out of the appointment. The Court may appoint a representative to represent independently to represent the minor affected by litigation before the Court. The Court shall endeavour that such representative should not derive any undue pecuniary advantage out of the appointment. The Court may appoint a representative as amicus curiae to assist the Court in the discharge of its duties.

38. Adjournments.- (i) The petItIOn so fixed shall not be adjourned by the Court unless there are exceptional circumstance justifying such adjournments and unless they are such as could not have been foreseen when the date of hearing was fixed. The Court shall record its reasons for adjourning a matter.

(ii) Every endeavour shall be made by the Judge to secure a settle men t of the disputes by conciliation throughout the trial. Adjournments are to be avoided as far as possible.

36. Filing of memorandum in Court.- On the proceedings before the counsellor coming to an end and upon the counsellor filing a memorandum in the petition setting out the outcome of the proceedings before him as irreconcilable, the Judge shall list the case for trial.

242

(ii) Time for making application:-An application by a party for being represented by a lawyer in Court shall be made by such party to the Court only after service of notice on either side upon appearance. Such an application shall be made at least two weeks prior to the date fixed for hearing.

(iii) Application not to be entertained at the hearing.-An application shall not be entertained after the petition is placed for hearing on the daily board of the Court unless there are exceptional circumstances justifying such late application.

Family Courts (Procedure) Rules, 1996 243 t "' e :i e e r.

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42. Copy of Judgment/Order to be given free of cost.

Where this provision sits

ActTamil Nadu Family Courts (Procedure) Rules, 1996.
Section41
Marginal notePermission for representation by a lawyer
JurisdictionCentral
StatusIn force as published by the source

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