Can POA holder attend the 1st hearing to sign Vakalatnama for divorce


I am a NRI living in US who wants to divorce my wife through mutual consent.I cannot travel to India for next few months because of prior commitments but my lawyer says I must be present for the first hearing to sign the Vakalatnama, only then he can represent me in the court. Can I sign and send an Indian consulate attested power of attorney in the name of my father so that the divorce petition could be initialized. After the 6 month cooling period when the second motion would be observed, I can travel to get things finalized. Is that possible?

Answers (4)


232 votes

Hello client hru. I have read Ur problem as per which Ur willing to get divorce from Ur wife but as Ur not able to travel to India due to some of Ur professional commitments.u wish to fight Ur case with out coming to India.it is possible but for tht u need to fullfill some conditions as per requirement of the legal procedures.in this way Ur problems can be resolved.thanks


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73 votes

Yes You can signed vakaltnama and send it by post for first motion. It is possible to get divorse with the help of
skype id, I can arrange each and every thingh for your divorse to without arranding court by you.

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224 votes

That's the Indian procedure and you can not go beyond the procedure.Your case is concerning to divorce by mutual consent that's why your appearance is mandatory along with your wife . Once 1st motion will be done than after 1 month you can file 2nd motion.If there is any F.I.R than you will have to quashe said F.I.R before hon'ble High court after obtain the decree of divorce.

196 votes

Hi,

Regarding your query. There seems to be a little bit of miscommunication on the manner in which proceedings can be carried out. Although your lawyer is correct in stating that in an ideal situation your presence would be beneficial towards your case. However I understand your concerns regarding taking repeated leaves from work.

What you can proceed with is have your vakalatnama signed and notarized by the notary and sent back to India. Alongwith the same, you need to execute an affidavit wherein you've expressly handed over powers to your father for the first appearance under the condition that you will make an appearance at the second motion.

The Courts are gaining traction regarding the implementation of technology in such instances, you may have your Lawyer present you at the designated time at court through a Skype or whatsapp video call for the purposes of identification by the judge. Once the judge is satisfied and you've been identified by your spouse and father, he should ideally allow the first motion.

I'd also suggest that you show some pressing circumstances for your reason to not appear before court. The judges mostly get irked if they're given the impression they it's because you couldn't be bothered to come to court that's why you can't appear. Make your reasons reasonable, legitimate and good cause for the judge to grant you the same.

Further, at the second motion for concluding the divorce by mutual consent, you should ideally reserve one week to be India. Sometimes the judge may be on leave on the designated date and the motion cannot be completed. Atleast with a week's stay in India, it gives your lawyer leverage to barter for the earliest date as you're in India for only a week. Ultimately it also comes down to which court you're appearing in.

Do let me know if you need any assistance or clarification.

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