Can a husband staying abroad be represented by a poa in a case for nullity of marriage

Jegaraj (Querist) 15 December 2016 This query is : Resolved
One of my client is staying in USA and has given a Special POA to his family friend for filing a petition for Nullity of Marriage in Family Court. But the registry is stating that a POA cannot file a case in family matters. They are ready to number the petition if we can give any ruling in this regard. Can any one kindly help out with a ruling please ?

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adv.bharat @ PUNE (Expert) 15 December 2016
Yes registry is right.

Guest (Expert) 15 December 2016
In Family court Matters the Presence of Petitioner and Respondent is More Necessary than even the Presence of their Advocate.Better Try for Amicable Mutual Consent Divorce Where the Process could be completed in Two Visits by them in 6 month

Rajendra K Goyal (Expert) 15 December 2016
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.

You should search at your own level.

DR.VEDULA GOPINATH (Expert) 15 December 2016
The registry is correct in its decision.
Family matter is not a commercial transaction. The Person (husband) should be present personally to file the petition and also now a days affidavits are insisted upon.
Better the petitioner attend the family court at the time of filing (numbering) and then attend for final hearing. Interim hearings can be done by advocate.

As now it is happening in case of NRIs they are taking divorce orders from foreign courts and keeping their Indian spouses high and dry. Hon. Supreme Court strongly pronounced that the marriages affirmed in India should be tried by Indian Family Courts although they are adjudicated by foreign courts. This is a settled law in India now.

Few NRIs appears to be over-smart of dealing their own marriages and spouses future and living by way of counsel and POA. It is bad in law and against the moral principles and against public policy. Civilised society should not accept such moves leave alone the legal jurisdiction.
dr vedula gopinath advocate/arbitrator

Ms.Usha Kapoor (Expert) 02 July 2018
Agree with Vedula Gopinath

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