general power of attorney

Querist : Anonymous (Querist) 29 March 2010 This query is : Resolved
Sirs,
I have already asked this question before.My son-in-law has given GPA to his brother and he filed a case to nullify the marriage.The court ordered the original petitioner to be present for reconciliation.He has so far not come to court so far.The GPA is only presenting himself.The family court has dismissed it.The GPA moved the High court.But even the High court has dismissed the petition.Now he wants to ammend the original petition by stating that my dauhter is mentally unstable.
Now I would like to ask;
(i)Can a GPA file a petition on his principals behalf for marriage annulment?
(ii)Is he eligible to ammend the original petitioner?(what are the righte of GPA?

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Sukhija (Expert) 29 March 2010
Whether the other party appeared before the family court?
when first petition is dismissed why u want to amend it? how u will amend it now?
u can file another petition and for filing purpose GPA can file but for counselling petitioner himself shd be present.

Raj Kumar Makkad (Expert) 29 March 2010
Sukhija! The quarriest is not filing any petition rather a petition by the brother of the husband of his daughter had been filed which stands dismissed upto High court so there is no scope of any amendment in the aforesaid petition as this has already been dismissed and cannot be got restored and no such application as mentioned in the quarry is maintainable at all.

Parveen Kr. Aggarwal (Expert) 30 March 2010
A petition which has already been decided, either allowed or dismissed, cannot be amended.

However, a petition for divorce may be filed by any person through GPA subject to the condition that the party to the petition will have to present himself or herself whenever required by the court to do so and more particularly for reconciliation under section 23(2) of the Hindu Marriage Act, 1955.

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