Rakesh Prashasr (CEO) 22 November 2015

Power of attorney

Dear Experts,

I’am Indian citizen living abroad from 2 years on temporary visa. I was married in India, I want to put up Divorce case against my wife. I can attend only few major or important dates. Tried other options for reconcile which dint worked.

So, can I give power of attorney to someone from my family or friend to attend court dates on my behalf?

Kindly help me to know better.

Thank you.

Reply Follow

9 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 23 November 2015

Yes you can very much do that . Just make sure that the attorney is in compliance with the special laws regulating the same . drafting of attorneys is a very technical issue and hence is overlooked at times . Rest you can appoint an attorney . However you shall have to be present personally for the evidence and the cross examination

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 23 November 2015

Kishor Mehta (CEO) 23 November 2015

Sir,

Please understand that representation by a Power of Attorney, in lieu of the concerned person, in a Family Court is not permissible.

Good Luck,

Kishor Mehta

Rakesh Prashasr (CEO) 24 November 2015

Thank You for your reply.

@Kishor Mehta - Will I have to attend all the court dates or some of them?

Nitish Banka (lawyer) 24 November 2015

Dear Rakesh,

Only in the case of evidence stage you need to attend the hearing not all, your lawyer can handle it well.

Thanks & Regards,

Nitish Banka

9891549997

Advocate Ravinder (Advocate/Attorney) 24 November 2015

You can give power of Attorney. But you have to be present personally at the following stages of the case.

1. At the time of presentation of the application.

2. At the time of Evidence (i.e. Chief and Cross).

3. On the date of conciliation (Judegment).

In other cases, your POA can handle the situation.

Rakesh Prashasr (CEO) 24 November 2015

Thank You all for your inputs.

I recently learnt about attending court hearing through skype :- Telangana local court.

Can I also attend through sypke? or it will depend on judge or my case?

link:-

https://www.thehindu.com/news/national/telangana/telangana-local-court-judge-grants-divorce-after-hearing-on-skype/article7906128.ece

Thank You

Advocate Ravinder (Advocate/Attorney) 25 November 2015

If it is mutual consent, Yes. You can observe by your own link.

T. Kalaiselvan, Advocate (Advocate) 01 December 2015

You can very well give a power of attorney to any one of your close relative to represent you in the court during your absence on the hearing dates or trial proceedings.