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Can my family member appeal on my behalf in high court in my absence


19-Apr-2023 (In Criminal Law)
hi, lower court has passed the 12 dv interim maintainence order of 10000. i am out of india, can any one of my family member file appeal in session /high court
Answers (3)

Answer #1
932 votes
They will give affidavit on behalf of you but memo of appearance needed to signed you as you are the mandatory party in the domestic violence case and maintenance was fasten upon you so this is the only way to file appeal.
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If you sign it, it will show your consent. The best thing in your favor is that the vakalatnama will be valid until the end of the case, whereas the memo of appearance only has a validity of one date.

What is the difference between Vakalatnama and memo of appearance?

According to Advance Law Lexicon, Vakalatnama is a memorandum or any other document that gives an advocate the authority to appear before a court, tribunal or another authority. Vakalatnamas are documents that authorize a lawyer on behalf of a client to take action. 10-Apr-2022

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Answer #2
580 votes
You can sign a power of attorney in favor of anyone from your family or friends and give them the power to file an appeal on behalf of you. If the decision is of lower court then the first appeal shall lie in the district court only..regards team lawyer mitra

Answer #3
1000 votes
Any of your family member can be a deponent and do the pairvi on your behalf, but you will have to sign a vaklatnama authorizing a lawyer to represent you , you can sign the vakalatnama through courier or fax, after that you can choose any of your family member to be a deponent and file an appeal in the appropriate court.

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