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shunmuga priya   04 September 2025

Regarding the poa in the dvc

Can an US citizen give a power of attorney to a person in India in the DVC in the mahila court. 

Thank you. 

 



 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 September 2025

A US citizen can give power of attorney to someone in India, which can be useful in cases like Domestic Violence Cases (DVC) in Mahila Court. Here's what you need to know: Key Considerations -

*Validity*: A power of attorney granted by a US citizen to someone in India is generally acceptable in Indian courts, but its validity may depend on the specific circumstances and the court's discretion. -

 *Attestation*: To be valid in India, the power of attorney document typically needs to be attested by the Indian Embassy or Consulate in the US. -

*Representation in Court*: In a DVC, the respondent (in this case, the US citizen) may not need to be physically present in court for every hearing. A lawyer can represent them, and a power of attorney can be useful in such cases. Process for Granting Power of Attorney 

1. *Draft the Power of Attorney Document*: Create a document outlining the scope of authority granted to the agent in India.

 2. *Notarization*: Sign the document in front of a Notary Public in the US.

 3. *Attestation*: Get the document attested by the Indian Embassy or Consulate in the US.

 4. *Registration in India (optional)*: Register the power of attorney with the local Sub-Registrar Office in India for added legal security.¹ ² ³ Important Notes -

*Vakalatnama*: A US citizen can sign a vakalatnama (a document authorizing a lawyer to represent them in court) in the US, have it notarized, and send it to their lawyer in India for filing in court. -

 *Personal Appearance*: While a power of attorney can be useful, the court may require the respondent's personal appearance in certain cases, especially if evidence needs to be recorded.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     04 September 2025

A US citizen can give a Power of Attorney to a person in India.  A US citizen can specifically mention the causes for which the power is given.  He shall enclose his photo with ID and the photo of the Agent(the person in India).  The POA shall be attested by a Notary Public or/Indian Embassy.  After receipt of it in India, it shall be validated by the Collector under Sec.18 of the I.S.Act/District Registrar within 3 months from the date of receipt of the POA.

shunmuga priya   04 September 2025

Originally posted by : Rama chary Rachakonda
A US citizen can give power of attorney to someone in India, which can be useful in cases like Domestic Violence Cases (DVC) in Mahila Court. Here's what you need to know: Key Considerations -
*Validity*: A power of attorney granted by a US citizen to someone in India is generally acceptable in Indian courts, but its validity may depend on the specific circumstances and the court's discretion. -
 *Attestation*: To be valid in India, the power of attorney document typically needs to be attested by the Indian Embassy or Consulate in the US. -
*Representation in Court*: In a DVC, the respondent (in this case, the US citizen) may not need to be physically present in court for every hearing. A lawyer can represent them, and a power of attorney can be useful in such cases. Process for Granting Power of Attorney 
1. *Draft the Power of Attorney Document*: Create a document outlining the scope of authority granted to the agent in India.
 2. *Notarization*: Sign the document in front of a Notary Public in the US.
 3. *Attestation*: Get the document attested by the Indian Embassy or Consulate in the US.
 4. *Registration in India (optional)*: Register the power of attorney with the local Sub-Registrar Office in India for added legal security.¹ ² ³ Important Notes -
*Vakalatnama*: A US citizen can sign a vakalatnama (a document authorizing a lawyer to represent them in court) in the US, have it notarized, and send it to their lawyer in India for filing in court. -
 *Personal Appearance*: While a power of attorney can be useful, the court may require the respondent's personal appearance in certain cases, especially if evidence needs to be recorded.

 

T. Kalaiselvan, Advocate (Advocate)     05 September 2025

An accused in a DV (Domestic Violence) case cannot be represented by a power of attorney holder, as the person's personal appearance is usually required to depose on their own behalf. While a power of attorney holder can file proceedings, they cannot provide evidence or depose on matters beyond their direct knowledge, especially in DV cases where the court needs to assess the principal's understanding and experience. 

Dr. J C Vashista (Advocate )     05 September 2025

An attorney can appear  and represent the respondent for completion of proceedings but not for evidence.

It is better to consult a local prudent lawyer with relevant records for proper a analyses, professional advise and necessary proceeding.

Advocate Bhartesh goyal (advocate)     05 September 2025

Accused can not be represented by power of attorney holder in criminal cases as personal appearance of accused is required on each and every day of hearing and since nature of DVC are criminal so in these cases power of attorney is useless and also holder of poa can not depose on behalf accused.

SHANKAR BANDI (advocate )     05 September 2025

Yes pov can give for attending cass


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