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Mak (sale)     27 July 2015

Poa for divorce

I want to know process of making powers of attrony to my father ( as i am living out side India) to enable him to sign on my behalf to start Divorce by mutual consent processs.


Please advise me.


 3 Replies


POA is possible only if U get it executed by the Indian Counsulate in the country U are residing and send it here.The POA holder will then file the concerned MCD petition on UR behalf beforre the family court and proceed on UR behalf.However it the discretion of the court and may also ask U to be present at the time of conclusion,if deemed neccessary.Also see that some other cases are not filed by UR wife.

Suneet Gupta (www.vashiadvocates.com)     31 July 2015

A POA is generally valid for Court Cases. However, in a Divorce Case, since it is of a personal nature, presence of both the parties is required at the time of final order. If the Judge allows POA, then well and good. Else, you can request teleconferencing also, though I am not sure even that will be acceptable to the Judge.


A case went through as mentiioned by me above ,but the husband had to be present on the day of judgement.The only relief with POA if accepted by the family court is it can be represented by a proxy during the proceedings.Once again I say it is the discretion of the concerned court whether to accept or not? 

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