Can a woman hire an advocate to argue on her behalf in a family court for any marital dispute?

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According to Section 13 of the Family Courts Act, 1984, no legal practitioner can appear in family courts. The provision, however, enables a family court judge to appoint a legal expert as amicus curiae for legal assistance to the court in the interests of justice.

The constitutional validity of Section 13 has been challenged in the Rajasthan High Court on the grounds that it violates the fundamental right to practise any profession under Article 19(1)(g) and the Advocates Act, 1961. Section 30 of the Advocates Act guarantees an advocate the right to practise in any court, including the Supreme Court, or tribunal which is authorised to take note of evidence.

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