In OP (FC).No. 228, RESHMA MAJEED vs SHAMEER, wife and husband, while a petition seeking permanent custody of the child filed by latter was pending, settled the issues and signed a mediation agreement. Later, the wife approached the Family court seeking to set aside the mediation agreement contending that it did not reflect the true consensus arrived at between the parties and it was only as a result of a fraud played on her. It was in these proceedings, the husband filed application to summon the former lawyer of the wife, who had signed the agreement.
The Kerala High Court opined that lawyer of opposite party can be summoned as witness in cases where his examination is justified by the circumstances. In such cases, the client’s right to protection against disclosure extends only to matters communicated for the purpose of as well as in connection with the engagement of the lawyer. The Court further held that in order to avoid causing embarrassment to the lawyers, examination of lawyers to be done only in cases where their testimony in court is absolutely essential and inevitable.
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