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piki365 (none)     26 August 2009

Vakalatnama from USA

Me and my husband live in US on F1(student) and H1B visa( work)  respectively and we got married in India 3.5 years back under special marriage act of 1954. Myhusband has been cruel to me throughout the course of marriage and got me arrested in US on false charges of Domestic Violence. This barbaric act from his side didn't stop here and he tried hard to get me prosecuted but charges got dismissed by the court in US. I filed for the post separation support in US court and he raised his objections citing that US has no jurisdiction and I should ask any relief from teh Indian court but this has been ruled out by the judge here. In the meantime he filed for divorce in India based on the grounds of cruelty and the hepatitis B infection that got diagnosed 2 years back. I received summon to appear in the court on 12th September and my main question is what should be the proper way to send Vakalatnama from US. Although I have a lawyer representing me in India but he is also confused as Vakalatnama needs an attesting witness and authentication that I am the real person signing the Vakalatnama. Any advice on this will be truely appreciated.



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 9 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     26 August 2009

It is possible. Plz expain the place of marrige and the place of divorce is pending.

adv.kamal.grover@gmail.com

M:+919814110005

Chandigarh (India)

piki365 (none)     26 August 2009

My place of marriage is Meerut in India and divorce petition filed by my husband is also at the same place. The court here in US has set the date for awarding me the Post separation support in October. He knew that it will be difficult for me to leave to India to defend this divorce in September and its my belief that he will try his level best to get the ex-parte divorce may be pointing out that I am not present in person or the Vakalatnama that I sent from here is not proper. Hence, I want to be 100 percent sure about the acceptance of my Vakalatnama in court. Please help and guide for what should I do.

Sarvesh Kumar Sharma Advocate (Advocacy)     26 August 2009

piki,

is there any reletive who proove u  and give affidevit on behalf of u.

his sign on vakaalatnama will admit .

my self is also meerut lawyer , so i can help u.

K D Pande (Advocate)     27 August 2009

In my view you can send to your lawer a signed vakalatnama alongwith signature veriction cerificate from the bank in which you have bank A/c.

1 Like

yogesh durgapal (service)     27 August 2009

Simply sign the Vakalatnama and got it approved from indian embassy in USA.They will certify your presence in USA and also your signature.

 

Inba guna sekar (ADVOCATE)     27 August 2009

 yogesh durgapal is correct

Inba guna sekar (ADVOCATE)     27 August 2009

The Vakalatnama should be send through the Embassy

Jehpatel (Manager)     07 November 2009

 simple sign the vakalatnama and do a notary  from any attroney  the send it 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     08 November 2009

 

 

The right way is sign the vakalatnama before embassy and after attestation from indian embassy in your country, send it to your lawyer.

Good luck

Plz rate or thumbs up if u found the solution.

Regards

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