Legal Question in Family Law in India
Hi, My wife and I are seeking a divorce. She is settled in Canada and I am in India. She has given a power of Attorney in favor of my father in law, executed in Canada, and stamped by India Embassy in Toronto. We want to get it adjudicated in India in Lucknow. Can some one please tell how this can be done and where and what are the cost.
7 Answers from Attorneys
you may seek divorce on the strength of the power of attorney and for that you need to hire a lawyer and it is the lawyer only, that you intend to hire, would tell you the charges for divorce by mutual consent.
The attested POA from Indian high commission is good document to be filed along with your mutual consent divorce petition (1st Motion) . The Matrimonial court would allow your FIL to give his consent on behalf of your wife before the court and court would pass the judgement in the absence of your wife.
you may seek divorce on the strength of the power of attorney and for that you need to hire a lawyer and it is the lawyer only, that you intend to hire, would tell you the charges for divorce by mutual consent. in case the cheque was forged, then both, the SBI and PNB may be made a party.
My friend according to me on all those places where FAMILY COURTS are working there all the proceedings can take place only when both the parties are present in the Court, no proceedings can be initiated in the FAMILY COURTS on the basis of POWER OF ATTORNEY.
therefore I'll suggest that if your wife is also ready to go for a divorce on the basis of mutual consent as it appears from your question ask her to appear before the Court for the filing of the Mutual Divorce Petition.
FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]
DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
for the divorce by mutual consent it is necessary for the both of the spouses to appear in the court and to give there statements for divorce.
consult a local lawyer for filing divorce as in Maharashtra Family courts personal presence of both parties is required and divorce cannot be granted on basis of poa
power of attorney will do ...
contact a lawyer...