Poa holder has signed and made affidavit behalf of party in mcd petition?
c. shah...
(Querist) 01 July 2013
This query is : Resolved
A party has given power of attorney to her father for mutual consent divorce u/s.13B of H.M.Act. The POA holder has signed in the MCD petition behalf of party and also signed in the affidavit of the MCD petition and presented the MCD petition in Family court. Can POA holder sign behalf of party in the MCD petition and in the affidavit of MCD petition? (Note: There is no sign of party on the petition of MCD and in the affidavit of MCD petition). Are there any similar judgments for the same case?
Raj Kumar Makkad
(Expert) 01 July 2013
It is purely valid and there are many judgments in support of such permission.
Adv Archana Deshmukh
(Expert) 01 July 2013
If the POA is valid then the POA holder can sign instead of the party in MCD cases.
prabhakar singh
(Expert) 01 July 2013
A POA can depose only facts expected to be in his personal knowledge and not those which would be in personal knowledge of principal(his daughter).
There may be several facts in relation to a marriage which would be strictly known to only spouses and not to outside world.
Then it depends What and what can not be deposed by POA in such an affidavit.
c. shah...
(Querist) 02 July 2013
@Experts,
It is mentioned in para.3 of the case of Mr. Vinay Jude Dias vs Ms. Renajeet Kaur on 19 September, 2008 Delhi High Court-JUSTICE SHIV NARAYAN DHINGRA that "3. In the present case, the special power of attorney in favour of one Mr. Lal Babu Tiwari was executed by the petitioner (husband) to appear before the Court and testify about the contents of the petition. The petitioner has signed the petition before Indian consulate High Commission of India in UK under Section 3(2) of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1947 under which the documents do not require any further evidence." and it is also mentioned in case of Smt. Anshu Rani vs Rohit Vij on 18 March, 2010 Punjab-Haryana High Court that "The husband appeared when the petition was taken up for the first time and got his statement recorded".
I mean in both of the above cases party has given his consent and signed in petition of MCD.
But, In given case, petitioner has showed his consent only in power of attorney and POA has signed in mutual consent divorce petition. Is it not mandatory for petitioner to sign on petition of MCD?
