A petitioner executed power of attorney to appoint advocate and for divorce proceedings in family court. The POA holder of the petitioner did 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 of the reasons mentioned as below-
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 which is barred by section 33 of the Advocates act.
2. The order was made without hearing to the 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.
5. Due to the order of Family Court by granting permission to the petitioner ( through his PAO) to appoint advocate and proceed, petitioner can be prevented to appear in person in family court and the respondent cannot get chance for conciliation/mediation with the petitioner and the respondent cannot get chance to reunite of their family life.
6. There are no details of this order mentioned in the Rozkam (Rojnama of proceedings) of the court.
7. Power of attorney has not recorded (Exhibited) by family court and the court has not given permission to power of attorney to appear in court.
Que: What possible steps can be taken by the respondent if he/she wants to revoke the permission granted by the family court to engage advocate for petitioner?
