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 .


Asked on 12/13/08, 6:57 am

7 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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

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Answered on 12/14/08, 11:49 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Filing Divorce throu Power of Attorney

Yes it is possible to complete the formalities without the presence of boy.

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Answered on 12/15/08, 3:59 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Filing Divorce throu Power of Attorney

No the boy's presence not required if poa is lawful.

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Answered on 12/15/08, 9:13 am
Lawbird in Delhi Taneja Law Office

Re: Filing Divorce throu Power of Attorney

We have successfully accomplished similar matters in the past in Delhi. Kindly discuss personally.

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Answered on 12/13/08, 7:20 am
Nasir Butt Nasir Law Associates

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.

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Answered on 12/13/08, 7:43 am
Vishwa Arya Arya & Co.

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

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Answered on 12/13/08, 12:30 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Filing Divorce throu Power of Attorney

Yes, it is possible to complete legal formalities in the absence of the boy.

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Answered on 12/13/08, 1:15 pm


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