POA for signing final divorce papers

@ Author,


1. Yes, a POA holder can very well make statement on behalf of not present co-petitioner in a MCD.

Re.:

Neelima Chopra vs. Anil Chopra 1986 (11) DRJ 188 (DHC)

Annalie Prashad vs. Romesh Prashad AIR 1968 Calcutta 48 (DB of CCU HC)

Vinay Jude Dias Vs. Renajeet Kaur CM (M) 1030 / 2008 of DHC

2. I have noticed normally extra Judicious ld. trail Courts rely on re. Janaki Vasudeo Bhojwani Vs. IndusInd Bank Ltd. AIR 2005 SC 439 a SC Judgment but this case is on different footings and not binding on parties facts of Marriage as per any of the personal Laws any co-petitioner(s) approaches any ld. trial Court in MCD matters !


3. Even declaring one either/or both party as “performa party” now-a-days MCD motions succeeds in cases either/or both co-petitioners absence is reasoned out before concerned ld. trial Court by either/or both co-petitioner’s men and agent appearing and filing their memo of appearances.

It is not a big deal now-a-days.

Thanks for that.

I hope you have noted in the original query that this particular case is at a stage where both parties are required to appear in court one final time and go thru the procedure of finalising the divorce (signing the petition in front of the judge).

Can this task be handed over to a POA holder? No need for physical presence of one of the two parties?

@ Author

Your first que. needs re-phrasing. Had I not understood your que. I would not have bothered to reply the same;
Reasoning: When you mention in opening query “A mutual consent case is about to be settled..XXXXX” and then end the sentence with “both parties appearing and signing the petition” It throws open two understanding to the question 1 – That is, it could be either a FIRST MOTION with agreement / compromise deed which is also settlement of all issues between parties and/or 2 – It could be SECOND MOTION which is called as FINAL settlement proceedings in a MCD. Hence, after understanding your “open end” question the very first instance I summarized it with my first reply for which you threw second question and asked again did I understood your que. at all or not, so there you go as below to end all controversy with additional gyan;
 

1. Yes filing POA at last minute expressing valid reason thereto one can persuade ld. Judge to proceed ahead with FIRST MOTION in a MCD proceeding if that is the case in hand / was your first query.

or

2. Yes, filing POA at last minute expresing valid reason thereto one can persuade ld. Judge to proceed ahead with SECOND MOTION which is final proceedings in a MCD suit matter if that is the case in hand.

and/or

Even via video conferencing if concerned Court complex has tech. implementation setup then it is also an option where both and or either party are unable to attend and for the same complete gyan is detailed out in below link in case you like to understand how tech. is helping couples to quickly get over with either NATURE OF MOTIONS in a MCD proceeding.

https://www.lawyersclubindia.com/forum/Video-conferencing-justice-to-persons-of-indian-origins-43740.asp

Thank you so much. No offence was meant when I submitted a follow-up question. Hope none is taken.

As a layman, very unfamiliar with the court proceedings/procedures and so on, I had not clearly understood what "make a statement" meant as I took it to be.. appearing before court to plead on petitioner's or respondent's behalf.

It was more to do with my not being able to understand "legalese" and my inability to convey what I wanted cleared.

With this reply, it clears doubts to a large extent as regards the procedures. Thank you once again.

1. None taken :-)

2. My understanding of law forums on 3w's is that people come here after having little or basic consultation / knowing of law however I value your subsequent justification and may improve in subsequent replies.

ATB with rgds.

hi TAJOBSINDIA,

I fully agree with you apart from ur citations another 3 recent judgements also

help problems.

all the judgements passed by HONBLE KERALA HIGH COURT

                                                         HONBLE ANDHRA PRADESH H.C.

                                                                           KARNATAKA H.C.

                                                                             DELHI H.C.

regards

sibasish pattanayak

                  Advocate,kolkata.

Dear Sibasish

I have no clue which recent judgment without tiltles of parties or citators from all these HC's you are talking about !


Kindly qte. citator re. for general consumption........

Already answered in another thread.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com