Shakya Sen (Advocate) 23 July 2009

Power of attorney in matrimonial cases.

The question is whether a power of attorney could be executed and granted by a party (either wife or husband) to an agent to represent him/her in a case of divorce by mutual consent to cause his or her representation during his/her absence in the Court?

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4 Replies

rajesh (law officer) 23 July 2009

yes. power of attorney is based upon principle of agency under indian contract act. what a principal can do himself he can get it done through an agent . In mutual divorce petition in my view POA can be granted to another to represent . In any case the parties have to appear at least once before the court to record their statements.

Anjali (IT) 24 July 2009

last year chennai family court granted divorce [mutal consent] via video conferencing ..the girl resides in Australia and the guy resides in USA..

sharavanan.cp (Advocate) 31 July 2009

As for as the Power of Attorney is concerned for representing on behalf of others, we can produce "special power of Attorney for court case" before any Honorable Courts.The Power of Attorney are governed by The Powers of Attorney Act, !882(7 of 1882)

lawyer_rajiv (9811284735) (lawyer) 31 July 2009

the power of attorney may be executed in whichever country you are and the same need tobe attested by notary public or consulate there. the original should be sent to the attorney and you may also confer other rights to the attorney apart from representing you in divorce court viz. filing of petition in high court for quashing 498a etc.