25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

c. shah... (Service)     23 July 2013

Mandatory for p.o.a. to take permission from judge?

A party from foreign courntry has executed P.O.A. to her father for the proceedings of mutual consnet divorce in family court. P.O.A. holder has just stamped & registered P.O.A. through Collector of the city. Then, POA holder and other party has presented petition of mutual consent divorce u/s.13B of H.M.Act in family court without taking permission from Judge to act and appear behalf of the party in MCD proceedings in family court.. 

Que-1:Is it mandatory for power of attorney holder to take permission from Judge to act and appear on behalf of the party in family court?

Que-2: If yes, can other party appeal/oppose if P.O.A. holder of the party appears and acts in family court without permission of Judge?

Que-3:If yes, can court dismiss the petition u/s.13B of H.M.Act or direct to the party to take pemit from the court?



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 July 2013

Dear Querist

My opinion on your queries is mentioned below:

Que-1:Is it mandatory for power of attorney holder to take permission from Judge to act and appear on behalf of the party in family court?

 

oPINION: YES, IT IS MANDATORY

 

Que-2: If yes, can other party appeal/oppose if P.O.A. holder of the party appears and acts in family court without permission of Judge?

OPINION: YES THE OPPOSITE PARTY HAVE RIGHT TO OPPOSE IF HE/SHE HAS ANY OBJECTION

 

Que-3:If yes, can court dismiss the petition u/s.13B of H.M.Act or direct to the party to take pemit from the court?

 

iTS DEPEND ON THE COURT, MAINLY THE COURT DIRECT TO THE PARTY TO APPAER BEFORE THE COURT IN PERSON.

 

FEEL FREE TO CALL

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query