Mediation between power of attorney holder and the respondent
Dipak
(Querist) 05 October 2016
This query is : Resolved
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?
adv.bharat @ PUNE
(Expert) 06 October 2016
1) Decide the TOR for reconcilation with wife first then take sign of POA after it.
2)No since POA not exhibited up till now.
3) Its up to u .
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Ms.Usha Kapoor
(Expert) 07 October 2016
dear Client,
1) Go for reconciliation.
2)The POA holder for mediation who did not exhibit any knowledge of what exactly went wrong with you and your wife may not have personal knowledge of happenings between you and your wife.
3) If mediation fails between POA holder of your wife and you approaching Highcourt is the next stage.If you appreciate this answer please click the thank you button on my profile.
Rajendra K Goyal
(Expert) 08 October 2016
1. try to reach at amicable settlement on acceptable terms duly agreed by both sides.
2. POA may not be aware of all facts, may not fetch desired results / may defeat the purpose.
3.Yes, High Court can be approached.
