Legal Question in Family Law in India
its very urgent
i stay in india and my husband stays abroad so he has given his power of attorney to his father ,is power of attorney allowed in divorce case and as our divorce is also taking place because of my mother in law and father in law
6 Answers from Attorneys
Re: its very urgent
what sort of help you need in this scenerio.
Re: its very urgent
Personal appearance during Hearing(Evidence) will be required. Otherwise a POA will be sufficient
Re: its very urgent
no if he has to contest/ even by mutual consent for the matter he has to come for evidence
Re: its very urgent
Power of Attorney is confined to the extent of powers so delegated in Power of Attorney, but so far as the divorce case is concerned, his personal appearance is necessary.
Re: its very urgent
Power of attorney may have a very limited purpose. However, since the divorce cases fall under the category of "civil litigation", one may pursue such a case through his lawyer and may need to appear only at the time of evidence. However, at the time of your evidence, you will be entitled to summon him for cross examination. The affidavit-in-evidence filed by him in support of his pleadings will be valid only after he appears for cross examination.
Re: its very urgent
Hi
With the help of power of attorney your father-in-law can file a case and also he can represent on behalf of your husband. But during the trial your husband has to appear before the concern court where you or he filed a divorce petition.
M.P. SANJAY
Advocate
Cell : 9392465234
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