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power of attorney during divorce


Hi,

Me and my wife have agreed for a mutual divorce and have filed a petition in the family court. I am currently working in California and wanted the procedure to give GPA to my father as i cannot travel because of project related commitments. Can you please give me clarity on these questions :

 

 * We now have one lawyer (apppointed by her father) , who says that GPA cannot be requested for in a divorce case . Is this true ?

 *  What are the documents required for the GPA in a divorce case.(I had asked a question on GPA earlier in this forum and was told that it is possible)

 *  Does the grant of mandate approval from my wife ?

Thanks,

Hemanth

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

For a mutual consent divorce to finalise both the parties have to be present in the court themselves on both hearings/motions. It cannot be done through an SPA/GPA as these facts are within the personal knowledge of person seeking divorce only. 


Adv. Bharat Chugh


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advocate/counsel supreme court

Dear Hemanth,

In divorce matters no third person other than the spouces in conflict can settle issues.

Yes, you can go for mediation/conciliation outside court, if both agree for mediation or conciliation process. yes you need to be present but decision will be fast in 3 or 4 sittings and once done you or both of you file the settlement in family court at Bandra if you are a mumbaite or relevant jurisdictional court of you residence in india as it appears you are both from india.

4 sittings can be completed in a month's time,as your issue seems a consent divorce as both want to seperate mutually on agreed terms.

so adopt mutual consent for mediation and for which both need to present your application at the family court where you have your case filed.

yes your advocate will help you to move the application.

regards,

adv.dr g balakrishnan , rapidanalysts@gmail.com... if you need any more clarifications.

advocate(OS) Bombay High Court


Total likes : 1 times

 
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ADVOCATE

in a recent case of divorce by mutual consent, the apex court granted the divorce within 4 months without waiting for mandatory six months waiting . you can request the court for expediting the process but the presence of both the parties is required in the court.

 
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Namaste

 

Dear Janakji,
 
 
With regards to the recent SC ruling that you have mentioned. 
 
If I’m not wrong, the court had also mentioned in its ruling that this will not be applicable for all divorce cases.
 
Only in special circumstances can this 6 month period can be waived off.
 
Warm regards,
P.S: I’m not a Lawyer
 
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Thank you all. This interaction gave me more clarity. 

Thanks Again,

Hemanth

 
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