Lakshman (Officer) 14 July 2012

Power of attorney accept family court in andrapradesh

I am A NRI, My marriage held in 2004. Me and my wife had a regular arggument in August 2011. I was on H1B visa in USA. I did not get my Visa Extention in August 2011. So i did asked my wife to Support H4 Visa (dipendent Visa for some time I can stay with you she did not supported my Visa. I cam back to India in before My H1B Expire as per USA law. After i cam back to India i did sent 20 email to my wife to come back to india Stay with or Take me to USA, She did nor respond even one Email and She came to India in JAN 2012 she filed on me on 498a me and my family.I waited she can come back join with until June 2012 and filed Divorce petition and sent summons to USA her Address and Sent Email summons as well. She did not Attend summons date Judge exparted case,judge give date after next 2 days. Next date her father came with Powr of Attorny to transfer case to high court through to Is local Family court.

That power of Attorney not Attested with Indian Embassy in USA and No Picture at all.

1) Power of Attorney Accepted in Andra pradesh Fammily Court..?

2) Power of Attorney with out picture and With out Indian Embassy Attested is Accepted..?

I do not want loose my wife, I do not like to diveorce at all. I want answer from her that's what i did sent DV petition.

There intenstion is to drag the Case.

Please Advise me what can i do now. I want close the matter ASAP.

How can i stop fake Power of attorney to her dad.

Thanks...!!!

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 14 July 2012

Dear Querist

you can file a writ petition before High court and raise a legalpoint and object on Power of Attorney, the High court may pass an order in your favour.

Feel Free To CAll

Lakshman (Officer) 15 July 2012

Mr Quershi,Thanks for reply,

I filed DV in lower court my Residency location, My wife's father came with fake power of attorney (With out Attested with Indian Counslate in USA No Photograph at all) asking to lower court to accept power of attorney and move the case to high court as well. Judge given a date to next month.

My advacate did not asked any thing to judge why...? There was possibility to say pass over and argue the case later hours right.

Now what is the way i can approch the before the next month date. Can i go for Advanced petiton to stop this fake power of Attorney.

Please advise me next....!!

Thanks again for reply.

Adv. Chandrasekhar (Advocate) 15 July 2012

Mr. Laxman,

It is very difficult to understand you. On the one hand you do not want divorce, but you filed divorce petition. On the other hand the case was going to be decided ex-parte in your favour for divorce, but her father came with power of attorney (as per you invalid attorney), which you want to resist. If the God wants to heed your prayers, then there are only two options before the God, He directs the judge to uphold your view point that power of attorney presented by her father is illegal and refuse to accept it and continue exparte divorce case and pass divorce decree in your favour. If you do not want divorce, then do not proceed with divorce case and discuss with your advocate, withdraw the case.