Power of attorney for mcd in family court
c. shah...
(Querist) 12 June 2013
This query is : Resolved
A mutual consent divorce case u/s.13b has entered in family district court of Vadodara (Gujarat) by husband and father of wife (through power of attorney). Wife from foreign country has given power to her father for procedure of mutual consent divorce case by making power of attorney. My question is; Does power of attorney to enter a petition for mutual consent divorce is admissible in family district court of Vadodara (Gujarat) and is power of attorney also admissible for further procedure of mutual consent divorce? Please Note: There are judgments that some high courts accept power of attorney for mutual consent divorce. But, here the question is related to Family District Court of Vadodara (Gujarat).
Khaleel Ahmed
(Expert) 12 June 2013
If the power of attorney given by her to her father. MCD can be filed, but at final hearing judge may call the presence of both husband and wife in person.
c. shah...
(Querist) 12 June 2013
Thank you Mr.Ahmed for your reply. but I confuse about the word 'final hearing'. Does 'final hearing' word relate to first motion or second motion or both? Wife has to present in first motion or in second motion or in both motions though she has given power of attorney to her father?
ajay sethi
(Expert) 12 June 2013
final hearing means second motion . wife need not be present if she has given power of attorney to her father . she can also avail of video conferencing facility if necessary.
Rajendra K Goyal
(Expert) 12 June 2013
Agreed with the view of expert, No more to add.
Raj Kumar Makkad
(Expert) 12 June 2013
AHMEDABAD: In an unprecedented judgment that will rid divorce petitions of red tape, the Gujarat High Court permitted a separated NRI couple to have their relatives file for a divorce decree.
In short, this couple will not have to come to India to be physically present before the court to 'sign the papers', which has been a procedural requirement so far.
Raj Kumar Makkad
(Expert) 12 June 2013
Parul and Gautam Patel from Ahmedabad got a customary divorce in 2005. After separating, they went to the US; and to remarry different persons abroad, they needed formal divorce papers. The couple approached a family court last year through their relatives, who were assigned power of attorney to represent them in court.
Parul's brother Ashish and Gautam's cousin Tapan filed applications under the Hindu Marriage Act for a divorce decree, but the judge refused to entertain the application during a preliminary hearing in September last year. The court insisted that Parul and Gautam be present before the court for obtaining the decree.
This rejection from the family court led Parul to approach the Gujarat High Court through advocate BM Mangukiya, who contended that the family court judge had taken a very technical approach. Mangukiya argued that PoA holders were close relatives of the petitioners. In such circumstances, there was not even a remote possibility of fraud being committed, he said.
Mangukiya identified both PoA holders before justice RR Tripathi in the High Court. After hearing the case last week, justice Tripathi quashed the family court judge's order. The High Court declared the marriage between Parul and Gautam dissolved from the date of customary divorce and asked the family court to issue the divorce decree to the parties.
http://articles.timesofindia.indiatimes.com/2010-07-03/ahmedabad/28299853_1_divorce-decree-family-court-parul
