Issues on getting copy Application from DVC court

746 votes

The objection is generally not correct. A party to the proceedings has an independent right to apply for certified copies of the case records. Mere engagement of an advocate does not automatically take away the party's right to obtain certified copies, unless there is a specific rule of the concerned High Court or Copying Rules requiring the application to be routed through the advocate. There is ordinarily no legal requirement to revoke the vakalatnama or appoint a new counsel solely for obtaining certified copies. You may request the Copying Section to specify the exact rule under which they have refused the application. If no such rule exists, you may approach the Presiding Officer/Principal District Judge through a representation seeking issuance of the certified copies.

Advocate Hemalatha Narayanan LawRato

936 votes

Dear Client…. In response to your query regarding your ongoing Domestic Violence Case (DVC): When you initially filed the case against your husband or in-laws, you authorized an advocate to represent you by signing and submitting a Vakalatnama. Because your Vakalatnama is currently active on record, the court recognizes you as being represented by counsel. As long as that Vakalatnama remains valid, you cannot file applications (such as a Copy Application) or address the court directly on your own—everything must go through your appointed advocate. If you wish to manage and contest the case yourself without an advocate, you must follow this step-by-step procedure: 1. Revoke the Existing Vakalatnama: You must formally terminate/withdraw the authorization given to your current advocate. 2. File a Memo / Petition for Party-in-Person: Submit a formal memo or petition to the presiding Judicial Magistrate or Metropolitan Magistrate stating that you are revoking your previously engaged counsel and intend to contest the matter as a Party-in-Person. 3. Obtain Court Approval: Wait for the magistrate to accept your memo and officially record that you are representing yourself. 4. File Applications Directly: Once the court accepts your change of status to Party-in-Person, you are legally permitted to file petitions, submit copy applications, and obtain certified court copies directly. Until your Vakalatnama is formally revoked and accepted by the court, any direct filings or copy applications submitted by you in your personal capacity will not be accepted. Please let me know if you would like me to help draft the revocation memo or guide you through the next steps. You have furthermore clarification or doubts please call me thank you

Advocate Iyappan. E LawRato

949 votes

The practice may vary from one court to another, but as a general rule, when a vakalatnama is already on record, the counsel represents the party. Therefore, certified copies are usually applied for through the advocate on record. If the party wishes to obtain copies personally, some copy sections insist on either (i) filing a memo revoking/discharging the existing vakalatnama, or (ii) engaging a new counsel with a no-objection or change of vakalat. However, there is no universal statutory bar preventing a party from seeking certified copies. If the Judge has already signed the copy application and the Copy Section still objects, the party may request the Sheristadar/Chief Ministerial Officer for clarification or file a representation before the Presiding Officer seeking appropriate directions. The applicable High Court Copy Rules and local court practice will govern the procedure.

Advocate Elango D LawRato

615 votes

Yes, this is generally correct as per standard court procedure. Once a vakalatnama is filed and a counsel is engaged, the counsel is treated as the party's authorized representative on record. Courts typically do not entertain party-in-person applications (including copy applications) while a counsel is on record, because it creates confusion about who is authorized to act — the party or the advocate. Your options are: Revoke the vakalatnama by filing a formal revocation memo, after which the court will recognize you as party-in-person, and you can then apply for certified copies directly. Route the application through your current counsel — ask your advocate to apply for the certified copies on your behalf, which is usually the simplest fix. Appoint a new counsel who can then apply for the copies, if you're changing representation anyway.

Advocate Mohanraj LawRato