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Can father filed divorce on behalf of daughter with signed vakalatnama
07-Jan-2023 (In Divorce Law)
If the father has a vakalatnam signed by the daughter as she is out of India for further studies, can he file a divorce case on behalf of her and proceed with subsequent hearings or is the presence of the daughter compulsory for the hearing?
Hello client, yes father can file it but daughter has to present while filling due to she has to sign infront of judge, otherwise it will not be vaild, so daughter has to go with father to file the case. For any contact me.
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Adv. Sachin Vijay Shukla
Mumbai | 100+ Answers
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First my question to the client is that the daughter is going for mutual consent for divorce or normal divorce. If the father is filing for divorce, daughter has to give power of attorney to his father and he can attend for hearing. Daughter's presence is not required, but at the time of degree for divorce is passed by the court, the daughter has to be present in the court.
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Adv. Rashmi Nilesh Parmar
Mumbai | 100+ Answers
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You are under wrong notion u can not file divorce for your daughter she has to come to court to sign the petition as well as register maintain with registrar of family court or court ,at time of institution of the petition.
A permission by petitioner for enaging advocate is to be moved and after the same is allowed advocte will come in picture,till then not even advocate can file pitition on behalf of his client the averment in petition are to solemnly affirm on oath by the person seeking divorce.
Hence her presence is mandatory,beside after appearance of the husband the matter is first sent for mediation where no advocate but parties husband wife ,have to appear ,.
A permission by petitioner for enaging advocate is to be moved and after the same is allowed advocte will come in picture,till then not even advocate can file pitition on behalf of his client the averment in petition are to solemnly affirm on oath by the person seeking divorce.
Hence her presence is mandatory,beside after appearance of the husband the matter is first sent for mediation where no advocate but parties husband wife ,have to appear ,.
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Adv. Amresh Sharma
Mumbai | 100+ Answers
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