Power of attorney
Law Querier
(Querist) 10 March 2012
This query is : Resolved
I am residing in Gujarat of India.My wife is residing in Canada on her work visa.our marriage was solemnized in Feb.2011.Before marriage she told me that she has got PR visa and will sponser me after marriage.After marriage she went back to canada in March 2011.After some months, some small disputes arised between us during telephonically communication and she filed divorce petition (Section 13 i ia) on the ground of mental cruelty during telephonic talks.She has made power of attorney to her father.I am not ready to divorce her.My question is: 1.As our case is of contested divorce,Can she give power of attorney to his father for divorce case or is it valid to give power of attornety to her father in Contested Divorce case? 2.If it is valid, she has to present before indian court to run divorce case? pls. give me real answer because I have asked these questions to many lawyers in my city. But their ansewers are not same.
Raj Kumar Makkad
(Expert) 10 March 2012
1. Yes. It is purely valid if the same has duly been countersigned by Indian High commission/consulate of Canada and thereafter been registered with the local registrar in India.
2. Despite of her POA given in favour of her father for filing petition on her behalf, she shall have to appear in witness box and shall have to present herself for the cross-examination by the counsel for the opposite party because the matter of divorce is personal and cannot be left on POA holder.
Adv.R.P.Chugh
(Expert) 10 March 2012
Can her evidence be recorded on video conference or on a commission ?
Law Querier
(Querist) 10 March 2012
Thank you for your reply sir..please know me that the POA is valid if the papers of power of attorney is notarised by public notary of Canada and registered with collector of my city/District,Gujarat only?
Kirti Kar Tripathi
(Expert) 10 March 2012
unless is countersigned by Indian High commission/consulate of Canada, it can not be registered with Collector.
Raj Kumar Makkad
(Expert) 10 March 2012
The POA is not valid in the given case so even filing of the petition is illegal. It can be got challenged and petition can be got dismissed on this sole ground.
Shonee Kapoor
(Expert) 11 March 2012
I disagree evidence can be given through Video Conferencing as well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Law Querier
(Querist) 17 March 2012
Power of attorney has notarised by public notary of Canada and registered/stamped by district collector in India .Some of lawyers are agreed with this procedure of power of attorney.But as our experts said that the POA should be countersigned by Indian High commission/consulate of Canada.what is the ground/section/law/reference in which the petition can be challenged and can be got dismissed?
Shonee Kapoor
(Expert) 23 March 2012
Try educating yourself by reading case law and settled propositions on www.indiankanoon.org
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
