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Power of attorney query for mutual divorce final hearing
06-Dec-2024 (In Divorce Law)
The first hearing for my mutual divorce has been completed, & second/final hearing is scheduled for March. My husband is abroad & has given his father power of attorney to represent him at both hearings. My case is registered in a Haryana. Meanwhile, I will be moving to Bangalore for my new job & will not be able to take leave due to the new job policy. Is it possible for me to give my father power of attorney for signing the final documents ? or do I have to be mandatorily present in person?
Hello Sir/mam
As per honble supreme court recent judgements/guidelines spouses can Appear through VC(video conferrencing).
Rest depends on the matter
You can contact me over phone call for further assistance or Advice.
Thank You
Regards
Advocate Kuber Hooda
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Adv. Kuber Hooda
Panchkula | 700+ Answers
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Hello Maam at times in exceptional circumstances, and when parties are abroad or stuck somewhere at yes, the family, God allows you to conduct the proceedings through a video conferencing mode. We need to explore the same in your case. Please feel free to reach out to me for a better assistance on legal issue. Thanks Advocate, Dr. Preety Manderna
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Dr. Preeti Manderna
Panchkula | 400+ Answers
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Mam, under section 13 B of HMA consent of both the parties is required for both stages. If your husband is agreed for consent in second motion and only concern is your presence. You can take permission from Honorable court to permit on the basis of Power of attorney as there are judgments of various courts regarding the same. For further query please contact us.
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Adv. Rakesh Kumar Singla
Jind | 25+ Answers
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In mutual divorce cases under Section 13B of the Hindu Marriage Act, personal presence is generally required at the second motion (final hearing) to confirm consent. However, in exceptional circumstances like yours:
1. Seek Exemption: File an application in the court requesting exemption from personal appearance, citing valid reasons (e.g., job constraints).
2. Video Conferencing: Request the court to allow your appearance via video conferencing for the final hearing.
3. Power of Attorney: Courts usually do not accept a Power of Attorney for personal confirmation of consent in mutual divorce cases, as it is mandatory for parties to confirm their willingness before the judge.
Adv. Mahinder Singh Mavi
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Adv. Mahinder Singh
Faridabad | 100+ Answers
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I think as per your facts and circumstances you will need to be present in court for expeditious disposal of your case. it's not a joke. court verify everything. so my advice is you should be present at your hearing.
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Adv. Neha Gupta
Kurukshetra | 100+ Answers
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