Dipak (service) 18 July 2014

Doubt about validity of power of attorney

A divorce petition u/s.13(1)(ia) of HMA has filed by power of attorney holder of nri wife in family court of India. The power of attorney deed shows that it has executed in India by nri wife and notarized by Indian notary and with stamp of Rs.100. There are photographs & signatures of wife and holder of power of attorney on deed of power of attorney. There are no thumb impressions of party and holder of power of attorney on deed of power of attorney. There are no witnesses on the deed of power of attorney. Respondent husband has doubt about the consent and signature of wife on power of attorney. Because there is no thumb impression of wife on notarized document and wife’s elder sister looks like similar to wife.
Que: Can husband arise the doubt in court about validity of power of attorney deed as there are not thumb impressions and witnesses of wife and holder power of attorney though power of attorney notarized by Notary?

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G. Y. Sharma (Advocate) 22 October 2014

Dear Mr. Deepak,

Let me first enlighten you that a third party be it the son of the attorney or the father of the attorney or any of his blood relatives can never explain the marital relations of others particularly the internal disputes, feelings, utterances, sharings and all other matters connected thereto so as to secure a decree of Divorce or to get the Divorce Proceeding dismissed. The disputes between the spouses are to be agitated by them alone but not by any third party on their behalf.

In the given case, you can as well take the plea that your wife did not execute any power of attorney in any one's favour and that the power of attorney alleged to have been filed in the proceeding is sham, bogus, concocted and created to complicate the case and to make the distance more between the disputing parties.

Unless and until the person (who is a party to the proceeding) comes forward to file a petition under Rule 32 of The Civil Rules of Practice and seek Leave of the Court to be represented by the power of attorney, the power of attorney can not be enforceable.

Hope this would be enough.

with regards,

G. YADAGIRI SHARMA,

M. Com., LL.M.,

G. AMRUTHA KUMARI,

M. Com., LL.M.,

ADVOCATES

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