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I have for filed Divorce need legal advice on the case


03-May-2023 (In Divorce Law)
Hi, I filed a divorce in India and i am hindu. The person i am married to is working in USA. He filed a petion for power of attorney to give his power to his father. The court said that they need proper document for power of attorney from respondent. By January and February 2017 the same status prevailed. March they said petion to be served by petioner to respondent. In April they said the same but in records they have written like IA175 is still pending. He is ready for mutual only after filing counter . Till that he is not ready to talk bout mutual. But our lawyers discussed among themselves and said in court that we are planning for mutual divorce. This is my situation, I want to know if he has submitted the power of attorney or not? What is IA175? Whether we need to file a counter or reply if he submit a proper power of attorney? what will be the situation and when can he file counter? After counter how should I file for mutual divorce? What should be my next steps?
Answers (3)

Answer #1
689 votes
You have fixed an advocate. So you could clarify your doubts with your advocate. How could you expect some body to respond to your case specific question like what is that IA and all. Consult your lawyer and with your lwayer's assistance you could peruse the case diary to know the status of your case.
Answer #2
636 votes
Your Advocate can check in the Court if he has filed the Power of Attorney or not. He must have filed a petition to permit him to be represented by his Power of Attorney Agent. This petition may be numbered as IA175. Your Advocate can check this also in the Court. You need not file counter to his petition or reply to the Power of Attorney. He should file his counter and your Advocate can insist on the court that he should file his counter. I dont know why he is insisting that he is ready for divorce only after filing his counter. That is no connection between them. Your Advocate should insist that if he is ready for divorce by mutual consent, all the allegations made in the previous divorce petition will be withdrawn. Kindly contact me for a detailed discussion, so that I can give you a clear advice and further guidance.
Answer #3
831 votes
The IA No. 175 is nothing but the petition filed by him to include his father as the power of attorney. You can either file a counter in the petition filed by him and argue the petition and dispose it and then come to the main case. Or u both can file a mutual divorce petition together and get divorced

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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