LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Surya kumar (business)     04 November 2013

Mutual divorce - power of attorney

My friend is in USA and his wife is in India. He is unable to come to India for filing mutual divorce. His lawyer in India has suggested to give POA to his uncle for 1st motion by just sending notarized 'POA' affidavit .

1. Can he give 'general Power of Attorney' to his uncle to sign, execute, verify and file Vakalathnama, O.P.(s), Petition(s), Written Statements, Affidavits, Counter Affidavits and other necessary papers relating to legal proceedings in respect of his Divorce OP.To appear before the Court and sign, give evidence on him. and also to present, file, pursue, contest any proceedings including 
appeal(s), revision(s) or review petitions 

2. Will sending the POA Affidavit is enough? or should my friend also sign the mutual divorce petition as his lawyer had just asked to send the POA affidavit.

3. where the POA Affidavit to be notarized in USA.

4. His lawyer had suggested that friend must appear for 2nd motion in person after 6 months.Is this fine?
5. what are the average filing court fees for mutual divorce ?



 3 Replies

Dr J C Vashista (Advocate)     04 November 2013

 Yes, Attorney can be given sign, execute, verify and file Vakalathnama, etc.and legal proceedings, appear before the Court,  give evidence,  present, file, pursue, contest on behalf of executant 2.No

3. Power of Attorney is  to be notarized in USA.and attested by area SDM of attorney (Uncle or anyone else)

4. Right


5. Court fees differs from state to state. You have not stated which state you belong, the querry can be replied by your counsel there itself.

Dr J C Vashista (Advocate)     04 November 2013

 Yes, Attorney can be given sign, execute, verify and file Vakalathnama, etc.and legal proceedings, appear before the Court,  give evidence,  present, file, pursue, contest on behalf of executant 2.No

3. Power of Attorney is  to be notarized in USA.and attested by area SDM of attorney (Uncle or anyone else)

4. Right


5. Court fees differs from state to state. You have not stated which state you belong, the querry can be replied by your counsel there itself.

T. Kalaiselvan, Advocate (Advocate)     04 November 2013

A divorce petition on mutual consent can be said to have consented only when the concerned parties put their signatures on the papers meant for the purpose.  A Power of Attorney deed can be given for any specific or general purpose.  If the principle of the said deed is living at abroad, the deed needs to be counter-signed/attested by the Ambassador of the Indian Embassy in that country or by the Commissioner of the Indian High Commission situated in that country  and then the power agent's signature to be attested by a local Notary/SDM or any other authority within the jurisdiction of the Agent.  In this case the POA deed should specify particularly the works to be done by the Agent in the absence of the principle and the same shall be ratified by the principle afterwards.  Before  that the MCD petition signed by the petitioner should have his signature attested by the respective Indian High Official situated in that country, then it becomes authentic. As far as fee to be affixed on the divorce petition as per the Tamilnadu Court Fee act is Rs. 25/- and court fee to be affixed on the vakalat is Rs. 37/-, the advocate fee differs from person to person. The court fees for the purpose varies from state to state in India.  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading