Legal Question in Family Law in India
I am posted abroad and have given Power of Attorney to my uncle who lives in CITY A with my father
I'm into matrimonial dispute with my wife who lives in CITY B in India.
1. If the POA is with my uncle,does it mean he can file any case against my wife on my behalf without my knowledge or I should give in writing to him or to my lawyer that such and such a case needs to be filed against her?
2. Please advise.What is the way to go about it?
3. In case he files a case against her without my knowledge,what action can the law take against him if it is discovered?
4. Is there any way for my wife to know if I filed this case or my uncle?I am worried as I have a nagging feeling that my uncle has taken such a step without telling me.
5. Can I also be prosecuted because of my uncle's foolishness?Please advise.
1 Answer from Attorneys
1. PoA is entitled to file a case on your behalf against your wife.
2. you need to pursue your remedy in a court of law.
3. you may withdraw the case.
4. she will surely come to know about this; you may send her an apology letter.
5. you may not be prosecuted for the action; however, you should take remedial steps immediately and withdraw the case.
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