A.M. SHAFFIQUE, J.

1. This original petition is filed challenging Ext.P5 by which an application filed by the petitioner herein for removing the counsel appearing on behalf of the respondent from representing the respondent has been rejected by the Family Court while dismissing IA No. 1396/2015 in OP No. 137/2010 as per order dated 3.9.2016.

2. The main contention urged by the petitioner was that in terms of Rule 6 of the Bar Council of India Rules, there is a prohibition for an Advocate to appear on behalf of a party to the lis if any member thereof is related to the Advocate or comes within the relationships mentioned therein. Further, it is contended that the petitioner intends to examine the Advocate as a witness in the case and therefore the Advocate should not be permitted to appear on behalf of the respondent.

3. The respondent objected to the above contentions and filed their objection inter-alia contending that there is no reason warranting change of lawyer as contended by the petitioner.

4. The Family Court after elaborately considering the matter observed that the facts involved in the case do not require examining the Advocate as a witness and further it was held