Legal Question in Family Law in India
Filing Divorce throu Power of Attorney
This is with regard to the divorce petition of my sister. Her husband is in USA . He has send a POA in favour of his mother to complete all formalities. The matter has been settled in MEDIATION CELL in High Court , Delhi. We need to file 1st & 2nd Motion. But the Hon'ble court insisted for boy presence. Is his presence must ? Can't his mother act upon his POA? He has signed the Ist & 2nd motion petition send to him by post to USA . Only the formalities in the court in delhi are to be completed by his mother .
Pl. advice ASAP .
7 Answers from Attorneys
Re: Filing Divorce throu Power of Attorney
there is no need for the boy to come to appear in person in case he has sent a duly NOTARIZED power of attorney and that power of attorney is accompanied with the requisite stamp fee. his mother can act upon the attorney and her statement in the court can be recorded on behalf of her UNLESS expressly directed by the high court that boys presence is required. have u filed the petition in the court? when is it coming upo for hearing? who is the judge? do call n let me know at 9811284735
Re: Filing Divorce throu Power of Attorney
Yes it is possible to complete the formalities without the presence of boy.
Re: Filing Divorce throu Power of Attorney
No the boy's presence not required if poa is lawful.
Re: Filing Divorce throu Power of Attorney
We have successfully accomplished similar matters in the past in Delhi. Kindly discuss personally.
Re: Filing Divorce throu Power of Attorney
There may either be some deficiency in POA or it is desire of Court to examine the guy personally.
Re: Filing Divorce throu Power of Attorney
if the boy had lawful representation before the mediation centre of Hon'ble High court, then keeping in view of the decided cases of Delhi High Court divorce with mutual consent may be obtained through POA. Ofcourse, assuming other things stands settled.
Vishwa Arya
Re: Filing Divorce throu Power of Attorney
Yes, it is possible to complete legal formalities in the absence of the boy.