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Filing mutual divorce on basis of power of attorney whether SPA or GPA
30-Jan-2023 (In Divorce Law)
I want to file a mutual divorce . My husband is NRI and has sent a special power of attorney to execute the same in the name of his father. I want to know if SPA of NRI spouse admissible in 13B petitions ? Also i want to know if SPA a good idea or GPA, in such matters ?
SPA or GPA do not make a difference. the only problem is sometimes the court want the parties to be present in person to try for mediation. Though there are judgments saying personal presence not essential.
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Mutual divorce petition is a joint application to be filed by both the spouses and they will have to appear and make their statement in person. NO SPA or GPA is allowed. the parties are required to be appeared in person for making their statement. however, copy of the petition can be sent to husband in abroad. there he will put his signature at required place and after attesting the same from attorney and embossed from the embassy will send herein india and then only the application would be filed
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Adv. Jitender Malik
Chandigarh | 25+ Answers
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Yes it is very much admissible. He can even give statement on his son's behalf. Do not worry. Filing Divorce on the basis of Power of Attorney is allowed by Hon'ble Supreme Court of India. But he need to appear for second statement. In some courts the appearance for recording second statement could also be exempted by the concerned court.
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Adv. Ruchi Sekhri
Mohali | 100+ Answers
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