Can a third person file a divorce through a Power of Attorney?
I am married to NZ Girl born in India and Now NRI. Girl stayed in India With my family for 82 days and there is no problem. I was taken to NZ by the in laws. Suddenly due more interference of mother in law the problem started and lastly I was dropped to India by Father in law. My Father in law pressed my family for divorce which was agreed through Village Panchayat. The demanded Rs 4 Lacks as compensation and it was agreed too. Then they have send power of attorney on the Name of elder brother of my father in law. The main doubt is that can third party file a case of Divorce against me by POA
If the power of attorney states that the the attorney holder has the power and authority , to file a suit and further contest it.
A divorce petition can be filed through this attorney bearing the signatures of the attorney.
Once the divorce petition has been filed the parties presence would be required at the stage of evidence.
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If the power of attorney states that the the attorney holder has the power and authority , to file a suit and further contest it a divorce petition can be filed through this attorney bearing the signatures of the attorney .
Once the divorce petition has been filed the girls presencewould be required at the stage of evidence .
Advocate Sonia SainiDwarka, Delhi
The filing can be done but such third party cannot adduce evidence because as per various supreme court judgments it has been held that where the law requires or contemplated the plaintiff or other party to a proceeding, to establish or prove something with reference to his `state of mind' or `conduct', normally the person concerned alone has to give evidence and not an attorney holder.
I hope the same answers your query.
Advocate Kunal SabharawalPanchsheel Enclave, Delhi
we inform you that only court have power to grant divorce no village panchayat can pass any order of such nature. both husband and wife through memorendum of understanding in writing can mutualy settle the amount. For divorce both husband and wife shall file divorce with mutual consent in court. and the settlement amount will be paid in court to the wife in presence of the judicial officer only.
Advocate Yogesh Kumar VidyakarDistrict Court, Dwarka, Delhi
The joint petition gor seeking the divorce can be filed provided the POA sent grom newzeland has been stamped grom collector of stamps. And if required the court may also tell that the petition has to b digned by the parties in person.
Advocate Rajan BhatiaDistrict Court, Tis Hazari, Delhi
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