Shaziya 9686 18 July 2023

Clarification of poa for rcr case

I am an oci holder fighting RCR case filed by husband on India.My lawyer suggested to prepare general power of attorney document During the time I could not make myself to the court as I'm living in abroad and I have an infant with me nd preparing General POA from abroad requires notarized signatures from embassy, which I can prepare from my country but just wanted to clarify is it a must to show my presence in court or as an alternate option can I use the POA method by getting public Notary attestation to fight for the RCR?

Read more at: https://www.lawyersclubindia.com/forum/Need-general-poa-to-fight-rcr-case-from-abroad-to-india-161021.asp

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Quick Summary

An OCI cardholder living abroad with an infant is seeking clarification on whether a General Power of Attorney (POA) can be used to represent them in an RCR case filed by their husband in India. While a POA can be prepared and notarised abroad, the court may still require the individual's presence during cross-examination. The POA would allow an appointed attorney to manage the case in India.

3 Replies

Sourav Das (Advocate Supreme Court of India) 18 July 2023

You can use POA, but during cross examination, court will require your presence.

1 Like

Dr. J C Vashista (Advocate ) 18 July 2023

You may appoint attorney duly executed and attested from the embassy / notary public where ever you are residing. Then such attorney shall take take care of your case in India.

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Shaziya 9686 18 July 2023

Thanks for the prompt reply