Raj.K (Manager) 03 March 2012

Vakalatnama validity?

Dear legal experts,

I have query regarding validity of vakalatnama document signed by me some 17months back appointing my lawyer to fight any anticipated dowry related cases after my wife deserted(to hyd her parents place and working there) me 23mths back after 1yr in marriag life in chennai. As anticipated i got 498a+maintenance(9months afte desertion) and DV package(19mths after desertion) in hyd which come in wrong jurisdiction in first place since even incidents alleged in 498a also mentioned to happen in chennai. i am citizen of chennai and my wife also acquaired chennai citizenship lived 1yr in chennai only immediately after marriage. Both of our parents live in hyd.

Now the DV case is in court for hearing and unfortunately am in different city on office wok deputation and cannot be there in person to counter. my lawyer has doubt on validity of the vakalatname signed 17mths back to counter my case now. i cannot get a new vakalatnama signed now in new city i am working presently as i cannot use my current temporrary office accomodation provided for any pesonal case communication. how do i handle this situation to counter my case?

1)can my lawyer use the vakalatname signed 17mths back to counter my cases?

2)can i give GPA to my brother or father to appoint a lawyer? what is the procedure if this is possibility and time this takes?

3) is filing a DV case valid after 19mths of desertion?

Thanks

Raj

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 March 2012

Dear Raj

As per you queries

1. you advoacte can use the signed vaklalatnama but due to legal point he can not because the vakalatnam may be fillid with your address or dated.

2. you can give a GPA/SPA to your brother or father or anyone to engaged a lawyer on behalf of you and total procedure to execute a GPA/SPA will be 1 days or only some our in sub-ragistrar office.

3. No, the DV case filed only within one yaer of the offence or violence not after that if she has been file , file an application for dismissal of the Cases before the court with limitation point.

feel free to call.

adv. rajeev ( rajoo ) (practicing advocate) 03 March 2012

He can use the vakalatnama.

adv. rajeev ( rajoo ) (practicing advocate) 03 March 2012

You can also execute the GPA in favour of your father or brother. If she has filed DV act after 19 month so desertion, you have to contest it.

Raj.K (Manager) 03 March 2012

Thanks Nadeemji and Rajeevji for your valuable inputs.

I only came to know recently that there is a DV case filed in my absence. my vakalat document is signed by me with chennai address (permanent residence; own home). my lawyer tell me only now that he CANNOT EVEN GET A COPY of what complaint is written in the case since valakat is old one? is he correct? chennai is and will be my permanent address and i have voter id also for chennai. only problem is i cannot give current official guest house accomodation address in vakalat as this is also a temporary stay for atleast next 3months. can i give my parents address in hyd for all correspondence related to cases in hyd?

And my lawyer also says that my DV case is now meant for exparte order next week and still he cannot file any counter on it and submit himself as my lawyer. It all looks like some manipulation of facts as i came to know from my chennai home security also there was no notice post received nor any notice stuck to my house nor anything as such suggested in the DV statement my lawyer told he came to know. But lawyer gives information that it was asked in DV case for share in my property(chennai home i bought on loan 5yrs before marriage) and monthly maintenance which is atleast 90% of my take home(by exaggerating my salary by 3times). All this is without any notice or information to me.

What is the consequence of this exparte order? can this be put on stay once i can personally be available in hyderabad to counter the cases?

Can I or my brother or father in hyd file a police complaint in hyd of this misuse of law under criminal extortion grounds?

thanks

Raj