The petitioner executed and notarized power of attorney for divorce proceeding in India and then after the petitioner left to foreign country. The petitioner lives in foreign country.In one of the sentences of the power of attorney deed the petitioner states,” I have given power of attorney to my father to appoint, engage on my behalf pleaders, advocates and solicitors and to discharge or terminate such appointments”. Then the P.O.A. holder of the petitioner obtained the permission of the family court to engage/appoint the advocate, appointed/engaged an advocate, put the vakalatnama of the advocate and signed & filed the divorce petition u/s.13(1)(ia) of the Hindu Marriage Act in the family court of India. Que 1: If the petitioner wants to represent by an advocate for family court proceedings, is it mandatory to obtain permission of the family court again though the POA holder obtained permission of the family court earlier to engage/appoint the advocate and for the reason that the power of attorney deed is executed only to engage/appoint the advocate and not to represent by the advocate? Que 2: If yes in question 1, is it mandatory that the petitioner have to appear in person in family court of India and then obtain leave of the family court to represent by an advocate for family court proceedings? Que 3: If yes in question 1, Can P.O.A. holder (behalf of the petitioner) obtains the permission of the family court to represent by an advocate for the family court proceedings?
