prasanthivasu.n (accounts executive) 14 April 2014

Power of attorney for my father in family court

Dear experts,

I want to give Power of attorney to my father to represent my case in family court. I was not able to follow my divorce case which was filed in year 2009 as I don't get much leave from my office and I exhausted all my sick leave for taking care of my child. My divorce case was followed up by my husband and he has got Restitution of Conjugal rights. in the year 2011. He has been absconding till date.

I have filed my case in family court of chennai and now it has been restored and my counsel has filed condone delay. Kindly advice if a petition for Power of attorney can be filed on any working day or should I file the petition for POA only when my case is called next time in the court. My counsel says POA will take atleast some 6 sittings more than 6 months to 8 months. Kindly explain the procedure for giving POA to my father.

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3 Replies

mahavir singh (ADVOCACY) 14 April 2014

You can file POA on the next date of hearinng. For more call 09910657998 mahavir singh advocate.

Rameshchandran (Legal Assistant) 15 April 2014

I understand that you have already filed a petition before the Family court in Chennai through a lawyer. Your lawyer can file a petition before the family court to dispense you appearance each time. I don't think that a power of attorney needs to be executed for conducting the case in your absence. Criminal procedure court provide provisions for filing petition before the court to dispense with your appearance and if the same is dismissed or not allowed, appeal can be taken up before the high court.

Ramesh Chandran

T. Kalaiselvan, Advocate (Advocate) 16 April 2014

There is no need for you to appear before the court for each and every hearing. If you have engaged an advocate, it is his duty to represent on your behalf during your absence in the court. The POA intended to be given in favor of your father will not solve the purpose because as fr as the evidence is concerned, it is you who have to adduce it and not your father. Your father will not be able to answer the questions for which the answers will be known only to you. So better to drop the idea of giving POA to our father. Instead, you ask your advocate the case in your absence, let your father be present during the dates of hearing in the court o watch the developments.