Whether this vakkalath is valid?
Rajeev kumar
(Querist) 30 October 2014
This query is : Resolved
The date of execution of the vakkalath of the respondent was on 05.08.2014. The respondent left India on 06.08.2014.
The petitioner filed the Divorce petition on 09.09.2014 after the respondent left India.
Whether the Vakalath executed by the respondent is valid?
venkatesh Rao
(Expert) 30 October 2014
It is perfectly valid. Execution of vakalathnama expresses party's intention to appoint and retain the attorney. It presupposes accepting of brief by advocate, furnishing details to him by the party, and so on. Presenting petition after the party left India does not invalidate the filing of petition. Because the party cannot be personally present before any date including presentation of petition; counsel is engaged by him to appear and plead for him.
Sudhir Kumar, Advocate
(Expert) 31 October 2014
based on the very-very brief facts presented, agreed with Mr Rao.
Rajeev kumar
(Querist) 31 October 2014
Thank you so much for you perfect reply.
V R SHROFF
(Expert) 31 October 2014
Send a VP to Respondent by Courier, get fresh sign.
so date is after R recd notice to appear
V R SHROFF
(Expert) 31 October 2014
Rao, he says Respondent, not petitioner.
How Respondent know, someone filing Divorce after he left??
"The respondent left India on 06.08.2014.
The petitioner filed the Divorce petition on 09.09.2014"
venkatesh Rao
(Expert) 31 October 2014
Execution of vakalath presupposes the filing of petition against him. No body will evevr execute vakalath without there being such an apprehension. i do agree with Shroff sir. But my reply holds good in that circumstance also.
Advocate. Arunagiri
(Expert) 31 October 2014
The query is illogical.
The divorce petition itself filed on 09.09.2014. Only after that the Respondent will receive notice from the court. Only after that the Respondent will file the vakalat.
In the above circumstances, how the Respondent signed the vakalath on 05.08.2014, even before the one month of filing the case.
Sudhir Kumar, Advocate
(Expert) 01 November 2014
It could have been a blank vakalatnama and the respondent would have given authority to fill the details of case as and when notice is received.
Rajeev kumar
(Querist) 01 November 2014
What Mr. Sudhir Kumar said is correct. But the question is how to convince the court if the Petitioner's advocate objects the date of execution...
Devajyoti Barman
(Expert) 08 November 2014
iT IS VERY MUCH VALID.
I wonder where is any place for ambiguity?
venkatesh Rao
(Expert) 09 November 2014
It is like filing a caveat in anticipation of a proceedings that may be instituted. The respondent might have executed vakalath well before in anticipation of filing of petition.
