Permission of court for poa before present divorce petition
Dipak
(Querist) 23 July 2014
This query is : Resolved
Power of attorney holder (who is not legal practitioner) of petitioner has filed contested divorce petition in family court without granting permission from court to present the petition behalf of petitioner.
1. In family court, is it obligatory requirement for holder of power of attorney (who is not legal practitioner) to grant permission from the family court before presenting contested divorce petition in court?
2. If yes, then under what laws/acts it is mentioned?
3. Can respondent object the petition which is presented by power of attorney holder (who is not legal practitioner) of petitioner without permission of family Court?
Raj Kumar Makkad
(Expert) 23 July 2014
1. No.
2. The question do not arise.
3. Yes, as the respondent is always free to raise any dispute against the petition on all available grounds including the present one.
ROHIT SHARMA
(Expert) 24 July 2014
Dear Mr, Deepak,
1. If the matter is filed in the Family Court, then even advocates are not permitted to practice in such family court unless the court give specific permission. In the same way a P.O.A. in context has no legal authority to file such petition unless with the permission of the court. i do not think the P.O.A holder will be permitted to depose before the court in absence of the original petitioner so in that case the respondent can pray to the court to dismiss the petition filed by such P.O.A. holder.
2. If need be contact this lawyer for further private legal consultation for to resolve the issue of your query.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gamail.com
V R SHROFF
(Expert) 24 July 2014
No Personal Advertisements pl..
Let Experts maintain their Dignity.
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Raj Kumar Makkad
(Expert) 24 July 2014
Mr Rohit! Be aware. Neither this site provide opportunity nor Advocates Act, 1961 to make self advertisement as you have done.
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
I think Mr.Rohit Sharma has been repeatedly instructed by all the experts to not to advertise his business promotion here in the guise of replying to the querists, if he is not listening, the admin may be approached for further action.
