Legal Question in Family Law in India
My husband has filed for divorce in Pune india through a general poa notarised in hongkong without his address or country of residence as he cruelly deserted me and my minor son in Saudi Arabia. The GPOA is not attested by the indian embassy in Hong Kong and not signed on every page. Neither is it duly stamped in India neither is the poa signature, notarised in india then is it valid for the court to accept his divorce petition filed through such a gpoa.
Also the otary has stamped the hongkong address but without the notary office seal. Can my husband make a poa in Hongkong if he is not a resident of HongKong? Do NRI's have to make POA's in their country of residence? Please let me know the answers urgently as he is harassing me.Mrs.D
2 Answers from Attorneys
Where did you get marry ? India or some other country ? What are you doing in Saudi Arabia ? What you have stated in your question is true then the GPOA or POA is invalid. All the POA has to be attested by the Indian High Commission or Embassy .
in case you husband is in Hongkong, he can authorize his next friend to file and prosecute a case. regarding the authenticity of POA, a lawyer has to go through the same. even a notarized POA is valid in india and it is not mandatory that the same needs to be attested by consulate or embassy.
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