Mohd. Mudassir Ahmed Qayyumi (ADVOCATE - ASST. GOVT. PLEADER) 17 April 2012

Gpa

respected sir

i am an practicing advocate and a divorce petiton has been filed before the family court by an christian wife and the husband is residing abroad and the wife has made the party to her husbands father along with her husband. and the father has obtained gpa from his son and wants to appear before the court of law through an advocate, the court has objected the same by saying that whether a divorce can be obtained by filing gpa, please send me some citations if any on this subject matter or else any commentory on this subject.

with regards

md. maq

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 April 2012

Dear Colleague,

A SPA notarized by the Indian Consul of the country where Husband residres in favour of his father would do just fine, divorce is a civil case - and as all civil cases can be fought by an attorney duly authorised. In Matrimonial matters courts do emphasise on personal presence for the reason that they statutorily required to attempt for reconcilliation (See Family Courts Act, S.23A HMA, Jagraj Singh v. Birpal Kaur SC 2006), in that they can ask for personal appearance. There are no citations & provisions.

You can try persuading the court to allow SPA otherwise Video Conferencing may be another option.