High Court of J&K and Ladakh clarifies dress code rules for Advocates, dismisses domestic violence petition [Read Order]

Jammu: The High Court of Jammu & Kashmir and Ladakh at Srinagar has addressed advocate dress code regulations and a domestic violence petition. Justice Moksha Khajuria Kazmi provided clear directives on court attire and procedural requirements.

The court examined the Bar Council of India Rules regarding advocate dress code, specifically addressing whether a woman advocate could appear with her face covered. The court noted, “It is nowhere stated in the rules that any such attire is permissible for appearing before this Court.”

The dress code for lady advocates, as detailed in Chapter IV (Part VI) of the Bar Council of India Rules, outlines acceptable attire, including “Black full sleeve jacket or blouse, white collar, stiff or soft, with white bands and Advocates’ Gowns” among other options, with no provision for face coverings.

The primary case involved a domestic violence petition wherein Mohammad Yasin Khan and his family members sought to quash proceedings initiated against them under Section 12 of the Domestic Violence Act. The court observed that the petitioners had improperly approached the High Court directly instead of pursuing the available remedies.

Addressing the procedural aspects, the court remarked, “The remedy of appeal is available to the petitioners against the impugned order, which has admittedly not been availed, and without having availed the said remedy, the petitioners could not have rushed to this Court.”

The court ultimately dismissed the petition, holding that it was not maintainable under Article 227 of the Constitution, as the petitioners had failed to exhaust their remedy of appeal before the Court of Sessions as required under Section 29 of the Domestic Violence Act.

Mr. Salih Pirzada appeared on behalf of the petitioners.
Mr. Jahangir Iqbal Ganai, Senior Advocate, with Mr. Adil, Advocate, appeared for the respondent.

Case title: Mohammad Yasin Khan & Ors vs Nazia Iqbal

[Read Order]