Mediator favors unauthorised poa holder in mediation
Dipak
(Querist) 22 December 2016
This query is : Resolved
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?
kavksatyanarayana
(Expert) 22 December 2016
I think, if it is mentioned in POA that her father may appear before any court in any case on behalf of her, it is sufficient. May be as per POA terms, the mediator denied your objection.
Dipak
(Querist) 23 December 2016
@kavksatyanarayana,
Yes it is mentioned in POA that her father may appear behalf of her. But, my objections are there,
1. POA documents has not been exhibited till date. wife herself not admitted in court till date from starting of the case. The divorce petition is filed by POA holder in the absence of wife and admitted by court but family court has not given any permission/liberty to POA holder to appear behalf of the wife in mediation.
2. In matrimonial matter, the mediation is done between spouses of marriage only.
Guest
(Expert) 23 December 2016
Mr.Dipak Please refer the Judgement of "Dasam Vijay Rama Rao Vs M.Sai Sri" on 17 june 2015 Pronounced by Honourable Justice Nooty Ram Mohana Rao in Civil Revision Petition CRP 1621 of 2015 in Andhra High Court and this Judgement would certainly Help You.You Just type the Names In Google and you would immediately get the orders.
Guest
(Expert) 23 December 2016
This is an Order that Clearly states that if the Other side is abroad and not able to attend the Court on various acceptable reasons the Other side should make arrangements for Skype facility in Court and should appear in Court.Basing on this judgement Discuss with your Advocate
Guest
(Expert) 23 December 2016
The Mediation Report will not be Legally valid if Not attended Personally by other side.
Rajendra K Goyal
(Expert) 23 December 2016
Prey the court to call the wife for mediation, if denied move with appeal.
Dipak
(Querist) 23 December 2016
Thank you Narimha sir and Goyal Sir..
Today was my mediation date. my wife's father and I was appeared in mediation. I denied to do mediation with POA and request to call petitioner wife in person. then, Mediator has sent the matter to family court. Can I file an application to court in next date to dismiss the suit for petitioner-wife's default?
Guest
(Expert) 24 December 2016
Welcome and All the Best.(Yes you Could Plead and Let the Court decide)
Rajendra K Goyal
(Expert) 24 December 2016
Failure of mediation is no sufficient reason to dismiss the suit.
Dipak
(Querist) 25 December 2016
Can I file the application for ex-parte proceeding against petitioner OR to dismiss the petition for wants of prosecution by showing reasons that Reason-1. POA has no locus-standi to appear in mediation as POA has no special permission to appear behalf of the petitioner Reason-2. Wife-petitioner is not appear in person in procedure of mediation?
Rajendra K Goyal
(Expert) 25 December 2016
Full case file need to be referred, discuss in detail with your lawyer.
