Chief-examination by power of attorney holder of petitioner in divorce matter under cruelty
Law Querier
(Querist) 26 April 2017
This query is : Resolved
Wife is petitioner. Husband is Respondent. Petitioner lives in foreign country. Respondent lives in India. Petitioner filed divorce petition under cruelty ground through power of attorney holder in family court, India. There is no signature, verification and affidavit of petitioner herself on divorce petition. But, it is made by power of attorney holder. Petitioner never appeared in court till date. Family court has also not called petitioner. Respondent filed his written statement. The Issues are framed. Now, on chief-examination/evidence stage, petitioner did not appear in court to give deposition/chief-examination/evidence. But, her power of attorney holder has given deposition/chief-examination/evidence. The family court has accepted and recorded the deposition/chief-examination of the power of attorney holder of the petitioner and in rojkam (Roznama) court writes that the next stage is cross-examination of power of attorney holder.
Now, Respondent wants to take objection for deposition/chief-examination given by power of attorney holder because this is matrimonial matter and cruelty is personal in nature and power of attorney holder cannot depose about the facts which are in personal knowledge of petitioner.
1. But, some advocates advice that to take cross-examination of power of attorney holder and prove that he has no personal knowledge about the case. Is it advisable?
2. If respondent wants to take objection about deposition/chief-examination given by power of attorney holder Whether he object in same family court or approach to high court directly?
sukanya (Joyce)
(Expert) 26 April 2017
What a typical case, under which provision family court admitted this case, n allowed till date proceedings... I hope the case will b dismissed, coz there is no affidavit of wife, no signature on petition no vakalatnama, no application under section 13, no verification etc... Etc... Amazing....
sukanya (Joyce)
(Expert) 26 April 2017
What type of cruelty is stated in petition. How can POA prove physical n mental affliction, merely on stated facts by wife to POA..... Let's know some more details....
Kundan Kr. Singh
(Expert) 26 April 2017
Your query is strange.in which court proceeding is going.
Law Querier
(Querist) 28 April 2017
In petition it is stated that the respondent has demanded dowry, use abuse language on phone. This proceeding is going in Family court,Vadodara of Gujarat. kindly help me what to do?
