Upgrad LLM

can power of attorney is valid for divorce


Hi All,

I am currently abroad and want to file divorce and child custody in Jaipur, Rajashan before my wife files 498a. Can I give power of attorney to my family member or a lawyer.

With Rgds,

Aks

 
Reply   
 

No. In divorce cases Ho'ble Courts do not accept power of attorney.

 
Reply   
 


Student

Mr. AKS,

It is not possible to give a power of attorney to a family member for such a purpose..How could it be ever possible?

 

 
Reply   
 

Dear Arun

yes this is possible. u can make any family members to appear on behalf of u as attorney . for this purpose u need to get power of attorney executed from the indian consulate of u r country and send it hear. Your power of attorney then will file necessary petition before family court in Indian and will proceed on behalf of u . However, in case if court wants u to remain present in person for some reasons than u need to remain present .

I hope this may satisfy to u r querry. If u stil have any doubts about this then u can send me email at my email address ramesh_chheda@yahoo.co.uk

I will be very much please to send u relevant information

thnx

Adv ramesh chheda- Mumbai


Total likes : 1 times

 
Reply   
 
Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Mr.Ramesh chander is right but for your kind information, after start of case, on first few dates and on some occussions, your presence is must to record your statement and your family memebrs cannot give statement on behalf of you. So keep in mind that you may save some time but be prepare to prove your statment and to appear before Indian court.


Regards
adv.kamal.grover@gmail.com


Total likes : 2 times

 
Reply   
 
advocate

NO, YOU CAN NOT FILE DIVORCE PETITION & CHILD CUSTODY APPLICATION THROUGH POWER OF ATTORNY


Total likes : 2 times

 
Reply   
 
practicing advocate

mr. Ramesh,

No u cannot, because there is one stage of reconciliation in Matrimonial cases, Court will make an enquiry of both  court try to solve the problems thru., conciliation,.  U have to be present personally before the court to answer for the court enquiry, your family members (GPA) cannot answer for that. Do not think to execut the PA in favour of family members to file a divorce case. It is not a commercial transaction , it is your personal.


Total likes : 1 times

 
Reply   
 
Lawyer

Forum Moderator

Courts have held that it is permissible to represent a party through a power of attorney in matrimonial proceedings, but to a limited extent. But if the court requires the presence of a party, then the party should appear for such hearing. 


Total likes : 1 times

 
Reply   
 

i am suggesting on the basis of my own personnel case where in Mumbai my clients are allowed to file petition through their nominated attorney. This is supported by recent judgement of supreme court which accepts attendance through power of attorney.

Even in case of counselling, power of attorney can denied counselling on the ground he isnt interested in counselling.

If persons appearing as attorney is hving personnel knowledge of material facts, even in that case he is allowed to lead evidence also . And this is allowed under Evidence Act .

So almost power of attorney holder can appear throught the proceeding and only on couple of hearings if needed original petitioner or Respoondent may have to appear . This is legal position .

So Dont worry about to appear in proceedings. Court is not needing appearance they are mainly to find out the truth so if that can be done through other means than as per natural laws of justice and other rullings, attendance of persons is not necessary in legal proceedings. Golden Rule is that the proceeding must go on to establish the case or to decide the case. 

Advocate Ramesh Chheda - Mumbai - 9870112826 


Total likes : 1 times

 
Reply   
 

But keep in mind for the purpose of criminal case, as 498-A is non bailable case, u need to appear in criminal court to get bail out. thereafter u r lawyer can appear for u . there even attorney is not requiered. U r Presence thereafter will be necessary only when u need to be there for recording of u r evidence which takes place after many years. But when u appear to get bail out, court may put condition to u that u will not leave without consent of court and will appear before them as and when u r needed by said court.

U need to be very much cautious because even for u r family court matter, other side may insist upon for u r personnel appearance as u r needed to appear in criminal court where non bailable warrant is pending against u .

So u need to consider all this factors before coming to any conclusion.


Total likes : 2 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x