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(Guest)

Filing vacalat behalf of respondent

Respected Gurus, 

I filed a divorce application recently , based on section 131(1a(2), as we have attended the court 5 times from the last three months, the respondent is staying in Norway , as the opponenent advocate trying his best to file vacalat on behalf of my wife, as my advocate says , in family cases advocate role is nominal , with out the physical presence of my wife inside the court , advocate can not file the vacalat .

we submitted some ciations by several hgh courts verdicts on the same , and we are pushing the judge for an exparty decree , but the opponent counsel keen on draging the matter they have seen some CPC rules to support their arguments , my advoate says CPC rule not applicable to section 13 of the family court act , the mattr posted again on 15th May 2016 . 

please clarify me, my advocate says with out physical presence of the respondent vacalat cant filed in family court , the opponent party says they can file with out even respondent's presence , please clarify me .

 

Thanks &regards,

Venkat .



Learning

 3 Replies

Be Brave   08 May 2016

The physical presence of the party is not necessary provided vakalatnama has been duly signed and affirmed before a competent appropriate authority in a foreign country such as Indian Embassy, notary etc., particularly if the opposite party is represented by an advocate. 

antony JP (teacher)     09 May 2016

IF THE OPPOSITE PARTY IS REPRESENTED IN AS PARTY IN PERSON.IS IT MUST FOR THE OTHER PARTY MUST ATTEND THE HEARING? PLEASE ANSWER ME?


(Guest)

Hi Sir , 

I am not attending as Party-in-person , I am attending with advocate , but my advocate refuses take the VACALAT as thier advocate only represents in the court , My advocate said Party appreance is must in the court in family matters. 

Please go through the attached ciation for better understanding . 

Thanks , 

Venkat .

 

 

 


Attached File : 316318 20160509152104 26262041 terance alex vs mary sowmya rose on 16 december 2010.pdf downloaded: 104 times

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