Contesting exparte divorce, vakalatnama is enough or need poa
naady.nady
(Querist) 05 July 2015
This query is : Resolved
Hi
I am a NRI saudi resident, married to a hyderabadi girl in 2012, she stayed with me for 3 months and left back to india. I have a baby boy of 2 years and 2 months old living with the wife
my wife filed a divorce petioion in secunderabad family court and summons did not come to our home address and we are unaware of the divorce petition filed by her.
After the exparte divorce happened, my wife father sent the news paper publication cutting and a letter from the advocate stating to attend the court date otherwise
it would be exparte decision. Now I asked my advocate to "set a side" application for the exparte divorce, my advocate is asking to sent the POA to my father and
he will file a affidavit and represent my father on my behalf. I told him i will sent vakalatname, he said it does not work out and he need POA only.
Please guide me
1. If vakalatnama is enough or not ?
2. Do I have to send a POA to my father. I am afraid if the illaws forces my father to misuse the POA.
3. If Yes Q 2 then I would like to send a special power of attorney, Please give me format and content of Special POA in contesting a exparte divorce.
4. Should the POA is to be on bond paper and duly attested by Indian Consulate in Saudi Arabia or can it be on plain paper.
5. If we attest the vakalatnama from Indian consulate will that work ? Is it possible that vakalatnama can be attested.
Please advice I need the help very badly...
Kiran Kumar
(Expert) 05 July 2015
If ex-parte divorce had already been granted then certainly there wont be publication thereafter.
The Court must have issued the process through publication as you could not be served with the summons in ordinary course.
If you are just to appear at this stage the Vakalatnama is enough...but your own presence will be required for subsequent purposes.
Better find out what is the actual status of your case and then have a word with your lawyer for proper advice.
Rajendra K Goyal
(Expert) 06 July 2015
First find out the actual state of case in the court.
You can send specific power of attorney and General power of Attorney should be avoided.
POA should be signed before Indian consulate and to be adjudicated in India.
P. Venu 
(Expert) 06 July 2015
For setting aside the ex-parte the application should be supported by affidavit. It is for this purpose that PoA is sought.
