Divorce u/s 13 h.m.a.

Querist : Anonymous (Querist) 22 January 2012 This query is : Resolved
is divorce u/s 13 of h.m.a. i:e by deree of divorce is possible by filing a petition through a power of attorny and that power of attorny holder can give evidence in court on the behalf of the petitioner

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Shailesh Kr. Shah (Expert) 22 January 2012
power of attorny holder can give evidence in court on the behalf of the petitioner
Answer of above question is strictly "no".

V R SHROFF (Expert) 22 January 2012
Power of Attorney holder ,if have personal knowledge can depose. (SC)
But here for Divorce, it is not possible.
So Ans is: NO

ajay sethi (Expert) 22 January 2012
i agree . power of attorney holder cannot give evidence

Guest (Expert) 22 January 2012
power od attorney can file the case but the evidence given is not admissible.

Guest (Expert) 22 January 2012
yes, POA holder can make his presence in place of u and/ or he can appear on behalf of u but pls note he cannot give any evidence as the original personal has come personally before the court.
further, feel free to contact me for any legal help.

Manoj kumar,
Advocate,
Delhi.
Ph: 09310443650 / 09319220768
Email: advocates.agra@gmail.com

Raj Kumar Makkad (Expert) 23 January 2012
Divorce case even cannot be filed by POA what to talk of his evidence. This is purely a personal and one of most serious case of one's life so it cannot be left upon others.

V R SHROFF (Expert) 23 January 2012
Even one MCD of my client, filed personally, but Hussy went abroad, and to pass Decree, Judge insisted his presence. I had tough time , to get his Evi Aff after 6 months, by POA as well as consulate notarized Affidavit in Dubai,
As a Result, MCD was allowed, but with great difficulty, in absence of Husband.