Namu Nene 01 February 2016

contested divorce (HMA) filing through power of attorney

Hello, I am an NRI (indian citizen on H1 visa) and need to file divorce in India. Presently DV and 125 and HAMA are near conclusion (post arguments). Due to nature of job and cost involvled, I will not be able to travel to india. So my querries are. 1. Can I file contested divorce u/s 13 of HMA etc through power of attorney and lawyer apointed by him. Same POA represented me in all abovementioned cases. All cases accepted cross examination by video conferencing. 2. If above is possible, do I need the petition notarised by local notory here or by indian embessy ? 3. Any other process that need to be or possibly be followed ? Please suggest. 4. Please suggest if any judgements positively accepts such filing . Thanks ,

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4 Replies

Vijay Raj Mahajan (Advocate) 01 February 2016

Yes you can do it, divorce through power of attorney has been allowed by Family Courts in India, all the legal formalities regarding the procedures can be discussed and worked out with the guidance of lawyer who handles the case in Indian Family Court.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 February 2016

you may contest the case through a POA. The said instrument shall have to be corss attested by both notaries, i,e from India as well as abroad.

Namu Nene 01 February 2016

Thank you Vijay sir and Augustine Sir for your responce. The power of attorney was created and registered in India itself. It has been used i family court in Hama and 125 case. So I think it may not need notarisation again. An I correct to assume it ? For petition, do we need to notarise by local notary in USA or it must be done with embessy in USA?