Petitions under 125 through poa

Section 125 Cr.P.C nowhere state that a person is debared from filling petition for maintenance in person, and not through her power of attorney, which can be her counsel/advocate. However the initial presence of the petitioner wife may be sought at the time of filling such petition in the Family Court as the permission for legal representation under the Family Court Act has to be taken by the petitioner first by her personal presence in the Family Court. This rule may vary from the State to State in India.

The presence of the respondent against whom the order for maintenance is sought can get his personal attendence dispensed at the time of recording of evidence and can be represented by his pleader/counsel/advocate as provided under section 126 (2) Cr.P.C.

The Vakaltnamma that parties give to their counsel/advocate are basically the power of attorney for representation in the court and act on their behalf that they would have done if were present in person.