LEGALITY OF ATTESTATION FROM INDIAN EMBASSY.
pramod
(Querist) 07 May 2010
This query is : Resolved
DEAR EXPERTS,
WHAT IS THE LEGALITY OF POWER OF ATTORNEY AND A VAKKALATHNAMA DULY ATTESTED FROM AN INDIAN EMBASSY FOR CRIMINAL PROCEEDINGS ON THE FOLLOWING BACK GROUND?
BOTH THE SPOUSES DECIDED TO GO FOR MUTUAL DIVORCE AFTER A LONG BATTLE OF FIVE YEARS. INTERVENTION OF MEDIATORS FROM BOTH THE SIDES BROUGHT AN AGREEMENT BETWEEN THE SPOUSES TO TERMS AND CONDITIONS TO HAVE A FINAL SETTELEMENT WITH EACH OTHERS CLAIM. WITHDRAWALS OF CASE PROCEEDINGS WERE ALSO MADE PART OF THE SETTELEMENT. PRESENTLY HUSBAND IS OUT OF INDIA AND WOULD LIKE TO EXECUTE A POWER OF ATTORNEY AND VAKKALATHNAM DULY ATTESTED FROM INDIAN EMBASSY TO FILE THE SAME IN A HIGH COURT TO QUASH THE ARREST WARRANT ISSUED BY A MAGISTRATE COURT .
1.PARTIES HAVE ALREADY EXECUTED COMPROMISE AGREEMENT WITH ITS TERMS AND CONDITIONS.
2.PARTIES HAVE AGREED TO EACH OTHER TO PUT UP AN APPLICATION TO CANCEL THE ORDER U/s 127 OF Cr.PC.
3.WIFE HAS AGREED TO SURRUNDER HER MAINTENANCE RIGHT IN A FAMILY COURT ORDER U/s 125.
4.BOTH THE PARTIES HAVE DECIDED TO FILE THE MUTUAL CONSENT FOR DIVORCE.
KINDLY GUIDE ME.
THANK YOU.
Raj Kumar Makkad
(Expert) 07 May 2010
High court have wide powers and keeping in view the compromise in all the pending cases, can accept the GPA otherwise in criminal cases, it do not accept such type of GPA and requires the presence of accused person. However, vakalthnama is duly accepted,
