Dipak
25 February 2017 at 21:06
1.If a petitioner is represented through power of attorney holder (non-advocate) in contested Divorce suit of family court, is it mandatory to file an application for permission to appearance of power of attorney holder on behalf of the petitioner before family court ? Under which law or section?
2. Can power of attorney holder of the petitioner file divorce petition before family court without getting permission from the family court?
Dipak
22 December 2016 at 19:15
Family Court has referred the divorce matter (Seciton 13(1)(i a) of HMA) to Mediation. I am favoring mediation and wants to conciliation with wife who is residing in foreign country. Wife is the petitioner and I am the respondent. Wife was not appeared in person in mediation procedure but her so called power of attorney father was appeared in mediation behalf of wife though POA holder has not specific permission/order to appear behalf of the petitioner and no specific reason for not appearance of wife in person. I raised this objection before mediator but mediator denied my objection and continued the procedure of individual counseling round with POA holder and me. What I should do if mediator is favoring to so call POA holder though POA holder has no specific permission of family court to appear behalf of the wife?
Dipak
28 November 2016 at 09:07
A petitioner has noted wrong date on the Original petition, an application to permit to appoint advocate, vakilatnama, address pursis and list of documents during filing of suit. The court registrar has taken affidavit of petitioner and registered the suit without checking the date and the court has granted the permission to appoint advocate without checking the date. The matter is on mediation and petitioner's evidence.
I am from respondent side. What should I do if I want to dismiss the suit?
Dipak
05 October 2016 at 20:20
The divorce petition under cruelty ground is signed, verified and affidavit by the holder of power of attorney (residing in India) of the petitioner wife (residing in foreign country). This divorce petition is presented by the advocate appointed by the holder of power of attorney. Respondent (in India) filed an application-R in court to try to do reconcile between him and his wife (petitioner) as he wants to sustain his marriage life. Then, Court insisted respondent to file his written statement. But, respondent wanted to do reconcile with his wife so, he had not filed his written statement. Then, the family court closed the stage of written statement of respondent. On next date, the court opened the stage of written statement and respondent filed his written statement. Then, on next date family court has ordered on the application-R filed by the respondent. In order of the application-R, the court has referred the matter to mediation and decided to do mediation between holder of power of attorney and the respondent and has given mediation date. The holder of power of attorney and the respondent husband has signed on mediation reference document by the advice of his advocate. But, Husband does not want to do reconcile with the holder of power of attorney as it may be frutile exercise.
1. What husband (respondent) can do as he wants to do reconcile with his wife?
2. Can the power of attorney holder appear behalf of the petitioner in mediation though the document of power of attorney has not exhibited yet and the holder of the power of attorney has no personal knowledge?
3.3. Can the order of the family court on application-R for mediation between holder of POA of the petitioner and respondent be challenged in High court though the respondent has signed on mediation reference document?
Dipak
14 September 2016 at 08:44
Petitioner has executed power-of-attorney deed in favor of his father for proceedings in divorce petition in court. The holder of POA (Father of the petitioner) has filed the xerox copy of deed of power-of-attorney along with list of documents (Exhibit-5) and presented the petition (Exhibit-1) in court. Court has endorsed the document (zerox copy of POA deed) as Mark-5/1. Now, the POA holder (Father of the petitioner) has been appearing behalf of petitioner and does all acts in court.
Que: Can xerox copy of deed of power-of-Attorney enforceable without exhibit it?
Que: Can court rely upon the xerox copy of power-of-Attorney deed though it is not exhibited?
Que: Can POA holder does all acts behalf of the petitioner in court though POA deed is not exhibited?
Request for citation regarding this issue.
Dipak
04 December 2015 at 23:55
A petitioner executed power of attorney to appoint advocate and for divorce proceedings in family court. The POA holder of the petitioner was not authorised to address the court, though the permission to engage advocate for the petitioner was sought by the power of attorney holder of the petitioner (instead of the petitioner himself/herself) before summons notice to respondent side. However, the family court granted permission to engage advocate for the petitioner to the power of attorney holder of the petitioner without hearing to respondent, before the summons notice to the respondent and without recorded the reasons for granting such permission. Then the power of attorney holder appointed the advocate and the advocate has presented the contested divorce petition in family court. The family court has not made any effort for amicable settlement between parties and the petitioner has not been presenting himself/herself in the family court till date but his/her advocate and power of attorney holder have appeared in court.
Respondent has objection/grievance about the order of granted permission to engage advocate for petitioner because- 1. The family court has ignored the fault of the petitioner for seeking permission to engage advocate not by himself/herself but by the power of attorney of the petitioner. 2. The order was made without hearing to respondent. 3. The advocate cannot be permitted in family court in normal circumstances. 4. The family court has granted permission without recorded the reasons for granting such permission.
Que: What possible steps can be taken by the respondent if he/she want to revoke the permission granted by the family court to engage advocate for petitioner?
Dipak
03 October 2015 at 11:10
A Power of Attorney document has been executed by the petitioner (principal) before a notary public in India, authorising his father to act on his behalf for family court proceeding of contested divorce matter.
In the document of power of attorney, the notary public has mentioned that,” In witness where of, I the undersigned have set and subscribed my hands on this __ day of __(month) ,__(year).” In the document of power of attorney, the Notary public has signed, affixed the appropriate notary stamp and endorsed that,” SINGED BEFORE ME” on ____ (date/month/year),
The POA document has not been attested by (other) two witnesses.
The POA document has not been authenticated by Registrar or sub-registrar. It has not been authenticated by any magistrate. The POA document has not been presented for any registration.
Que: Does this activity of Notary public on power of attorney document called as 'Authentication'? Does this power of attorney valid according to Section 85 of the Indian Evidence Act? How?
Dipak
25 August 2015 at 16:19
A marriage was solemnized and registered in India according to Hindu rites and ceremony in February 2011.The Hindu husband has a domicile of India and he is a citizen of India. Before marriage, the Hindu wife had not a domicile of India as she has been residing in foreign country since 2006 but she is a citizen of India. After one month of the marriage, the wife alone went back to foreign country in March 2011 and she has been still residing in foreign country. The husband is residing in India now. After that, Wife has filed a petition of divorce before the family court of India u/s. 13 (1) (i a) of the Hindu Marriage Act through power of attorney in the year 2013. Now, the husband has still domicile of India and he does not want divorce. The divorce case is on the stage of reply/written statement in the family court of India.
Note: Before marriage, during the marriage and after the marriage the husband has been residing throughout in India. Before marriage and after the marriage the wife has been residing throughout in foreign country since 2006. Wife came to marry in India in 2011 and resided only one month in India only.
Que 1: Can husband file an interim application in the family court questioning the maintainability of the petition itself as wife had not domicile of India before marriage and she has been still residing in foreign country since 2006?
Que 2: Does this type of marriage valid according to the Hindu Marriage Act?
Dipak
23 July 2014 at 11:30
Power of attorney holder (who is not legal practitioner) of petitioner has filed contested divorce petition in family court without granting permission from court to present the petition behalf of petitioner.
1. In family court, is it obligatory requirement for holder of power of attorney (who is not legal practitioner) to grant permission from the family court before presenting contested divorce petition in court?
2. If yes, then under what laws/acts it is mentioned?
3. Can respondent object the petition which is presented by power of attorney holder (who is not legal practitioner) of petitioner without permission of family Court?
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