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giving power of attorney in dv case


I am being employed in Bangalore and due to shortage of leaves want to give power of attorney to my father who is 2nd respondent in my DV case.I am planning to attend few seatings myself and in between some of the seatings can be attended by my father as the case has been filed in kerala.

If I am not able to attend case for like in 2 seatings can they put an exparte order to the case in my wifes favour.Previously she had a job and now she resigned as the documents of the job where with me and I had presented them in the court so no maintenance was provided to her.Now she is claiming that the job is no more and she requires a huge maintenance.She holds an MBA degree and has found a new job.currently I am sending an amount of rs 4000 every month for our 3 years old daughter.

 

Is there any way to findout where she is working as I am employed in hyderabad.Also advice if the power of attorney is given then I cannot attend the case or how it works.

 

Thanks

 

 

 

 
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N.A

Originally posted by : Justice

I am being employed in Bangalore and due to shortage of leaves want to give power of attorney to my father who is 2nd respondent in my DV case.I am planning to attend few seatings myself and in between some of the seatings can be attended by my father as the case has been filed in kerala.
 

 

If I am not able to attend case for like in 2 seatings can they put an exparte order to the case in my wifes favour.

Your lawyer will file exemption application for those hearing and will represent you in court.

 

Previously she had a job and now she resigned as the documents of the job where with me and I had presented them in the court so no maintenance was provided to her.Now she is claiming that the job is no more and she requires a huge maintenance.She holds an MBA degree and has found a new job.currently I am sending an amount of rs 4000 every month for our 3 years old daughter.

Don't worry!! She is not entitled for maintenance as ladies working earlier and highly educated are not entitled for maintenance as its shows their earining capacity.

Moreover the ladies who leave their job on her own wish is also not entitled for maintenance as it shows that she left the job with the only intention that court will grant her maintenance and after that she will again join the new job.

As you are voluntarily paying the maintenace for your child and she is taking the same court will definitely look this possitive attitute in your favour and will not allow any huge amount for child.

 

 

 
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N.A

Forgot to mention never stop giving maintenace voluntarily for child and you should have proof for the same like fund transfer to her account or paying by cheque...and if she refuse to take the same, pay the school fees voluntarily.

 

Good luck....

 
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Lawyer can attend dates, your personal appearance not needed on every date. Magistrate can ask for your personal appearance on some dates. Usually for mediation and evidence you will have to attend. Doing 1-2 personal appearances per year is usually good, on other dates attend via lawyer. Follow Sachin advise regarding maintenance, it is best t hire detective and get details of her new job.
 
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