Respondent wants to oppose petition u/s.9 of the family courts act
c. shah...
(Querist) 19 June 2014
This query is : Resolved
A Hindu marriage petition u/s. 13(1)(ia) has presented in family court through power of attorney holder of petitioner wife (lives in foreign country). Respondent (husband) believes that the petitioner must appear in family court during proceedings of mediation/conciliation, evidences and cross examination and family court does not entertain power of attorney in matrimonial cases and it is very possible that family court would reject the petition on this legal position. Now, Respondent husband has to file reply/written petition in family court. Husband does not want to appoint lawyer.
Que 1: Can Respondent husband alone (without appointing lawyer) oppose the appearance of power of attorney holder of petitioner by presenting simple application in the family court mentioning that the petitioner must be present in person in family court under section 9 of the family courts act? OR Is it advisable to appoint lawyer in this case?
Devajyoti Barman
(Expert) 20 June 2014
Any person can fight or contest his own case in any court including apex court of the country.
However seeing complexity of the nature of litigation it is always prudent to engage an advocate to handle a case.
Dr J C Vashista
(Expert) 20 June 2014
Que 1: Can Respondent husband alone (without appointing lawyer) oppose the appearance of power of attorney holder of petitioner by presenting simple application in the family court mentioning that the petitioner must be present in person in family court under section 9 of the family courts act?
A. Yes, the respondent can oppose, however, there is no illegality in filing divorce by POA.
However, it is beneficial as well as advisable to appoint lawyer in this case.
ajay sethi
(Expert) 20 June 2014
appoint a lawyer to fight your case . even if wife has filed petition through POA she will have to come to india and be present in court for giving evidence and for her cross examination
c. shah...
(Querist) 20 June 2014
Mr.Devjyot Barman, Dr.J.C.Vashista and Mr.Ajay Sethi, Thank you very much for your reply.
Rajendra K Goyal
(Expert) 20 June 2014
In absence of proper legal representation in the court a good case result in loosing the case. Better engage a lawyer.
T. Kalaiselvan, Advocate
(Expert) 23 June 2014
While appearing as party in person until and unless you are very well versed with the provisions of law an also the court procedures as well as to tackle the issues before the court on the dates of hearing, it will be difficult to handle the case, under the given situation, you ac take the aid of an advocate outside the court to guide you appropriately to deal with all the issues accordingly. she can file a case through her POA agent, however she may be required to be present for deposing her evidence as well as for cross examination.
