Do i need to present in court for...
Guest
(Querist) 11 May 2014
This query is : Resolved
I am working and earning desent salary and my husband is NRI and earning very good salary. My divorce case is at the stage of arguments. Statements recording completed.
Now I want to file for child Maintenance, permanent alimony / maintenance and litigation expenses etc.
My query is do I need to physically present in the court for filing these papers or advocate can file on my behalf.
Can I send blank sign papers to my POA for filing these documents in the court.
ROHIT SHARMA
(Expert) 11 May 2014
1. If you have already have a lawyer who is attending to such proceedings then he can do attend to filing of such other applications on your behalf in your absence.
2. Never sign any blank papers. If you are residing abroad then draw such P.O.A. in favor of the person you like and then have such P.O.A. attested by the Indian consulate and then send it across to such person.
3. If you are residing in India then you can always draw out a P.O.A. but do not hand over singed blank stamp papers.
3. If you need further private consultation contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Devajyoti Barman
(Expert) 11 May 2014
In litigation the party need not execute as long as the lawyer is engaged to represent you.
For filing such applications you need not be physically present though you need to put your signatures on the applications.
You need to execute POA if you are not available to even put your signatures.
ajay sethi
(Expert) 11 May 2014
1) never sign any blank papers . there is considerable scope for misuse when you sign blank papers .
2) application can be filed by your lawyer . although said application has to be duly signed by you .
Rajendra K Goyal
(Expert) 12 May 2014
Your lawyer can file case on your behalf, no need of personal attendance.
Agree blank papers should not be signed.
Dr J C Vashista
(Expert) 13 May 2014
Personal attendence is not compulsory untill the Court asks, I agree with experts.
Donot sign blank papers, as advised by the experts.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
Yes, as advised properly by all experts, exercise caution while signing the papers and never take any one for granted for signing any blank papers, you should remember that in the present scenario, the advocates are easily bought by the other side, hence better be aware of this situation. About POA matter, you can follow the advise accordingly if you are in India or at abroad. Once you are engaging an advocate to fight for your case, you need not be necessarily present before the court while filing the same, but in your interest, to confirm the things are happening as proposed, it will be better to witness the same in person.
