Manini 06 September 2017

Marriage annulment Hindu marriage act 12(1)c

My husband filed annulment case... our counseling is in progress.. he is not willing to stay with me... we had been in living relationship for 5 years n then this year got married in temple.. he filed for section 12(1) c. Can I give power of attorney n go for project work in Australia? My lawyer is saying I cannot go. Please help n guide.

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21 Replies

G.L.N. Prasad (Retired employee.) 06 September 2017

In family courts, POA may not work. When your Advocate states some thing, believe and trust the professional advice.

Raveena Kataria (Advocate ) 06 September 2017

G.L.N. Prasad has the right of it. Best get through with the proceedings first, and not risk missing out on the court dates or the court may even proceed ex-parte against you.

KS Johal 06 September 2017

Both of the advocates that are giving you advice are correct. Finish of the proceedings before you go to Australia otherwise you could violate the immigration of Australia. Unless you want to declare ongoing proceedings in India. I hope this satisfies your question.

KS Johal 06 September 2017

What I mean by immigration of Australia is: The rules and regulations governing your migration to Australia. You will most probably get a rejection if you do not declare honestly and sincerely if found out later on could jeopardize your future PR.

Adv Radhika Mehta (Advocate) 06 September 2017

Yes you can. File an Application for exemption of personal appearance from each date of hearing and an Application seeking permission of the Court to appoint a POA and attach a copy of the POA to the same. The same may be allowed by the Court subject to certtain conditions, such as you may be required to be present at the time of your cross-examination.

KS Johal 06 September 2017

Adv Radhika Mehta is absolutely correct. But don't forget to mention that you have got an ongoing case in India whilst you are completing an application for Australia. Being honest initially with Australian immigration will provide dividends in the future. The reason I'm mentioning this again is because I do not want you to suffer in the future.

KS Johal 06 September 2017

I presume on your passport you have got your husband's name on it. I also presume that you have mentioned that you are married or single or divorced or separated on your application to Australia. However if you have not then I suggest that you make an application to the Australian Embassy in India stating that you are going through divorce proceedings and attach the necessary evidence with it. If you are going for project work as part of your company you can also mention this to your organisation.

Adv Radhika Mehta (Advocate) 06 September 2017

Clarification- My reply was only to the query on the Nullity Petition on the assumption that you have already all your requiste permissions for Australia in place. The rest info already provided in detail by all the learned experts.

P. Venu (Advocate) 06 September 2017

The case pending in a Family court is not a crminal proceeding. I am ata loss to understand how a pending civil dispute could be a restraint in going abroad.

Moxit Shah 07 September 2017

Dear Manini,

matrimonial matters are civil matters, in civil matters, one can give their power of attorney to appear on his behalf. In criminal matter, one cannot give his/her power of attorney to appear on his behalf. but, matrimonial matters are very personal matters, therefore some judges ask for personal presence and not the presence of attorney. your advocate has given you opinion considering the practice adopted by courts in such area.

Moxit Shah

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Manini 07 September 2017

I asked few lawyers and they said I can go onsite.. yes my passport has husband name n status as married.. I didn't inform my organization or embassy. Please let me know what exactly I should do.

Manini 07 September 2017

I asked few lawyers and they said I can go onsite.. yes my passport has husband name n status as married.. I didn't inform my organization or embassy. Please let me know what exactly I should do.

Manini 07 September 2017

I asked few lawyers and they said I can go onsite.. yes my passport has husband name n status as married.. I didn't inform my organization or embassy. Please let me know what exactly I should do.

Manini 07 September 2017

I asked few lawyers and they said I can go onsite.. yes my passport has husband name n status as married.. I didn't inform my organization or embassy. Please let me know what exactly I should do.