whether Power of attorney can be used in Divorce case?
satya (Manager) 25 September 2014
whether Power of attorney can be used in Divorce case?
Tajobsindia (Senior Partner ) 26 September 2014
@ Author,
1. Yes.
2. Courts have held that it is permissible to represent a party through a PoA in matrimonial proceedings but to a limited extent (reconciliation stage and evidence stage party's presence is required unless the PoA Holder has special knowledge of party and can dispose on party's behalf by getting it allowed).
Illustration:
Divorce has been granted via PoA route by number of Courts. See some of my very old messages where such Case details I have mentioned in Family Law Forum.
3. However, if the court requires the presence of a party then the party should appear for such hearing(s).
[Last reply]
Jimmy (Manager) 26 September 2014
POA can be used in divorce proceedings if you accept all the allegations and let the Judge issue an Order against you. If you contest, your presence will be required in the form of your cross-examination. POA will not be enough in this situation. So, in theory and only in theory, POA is acceptable in Family Courts but in practice it is less than meaningful for adjudication on the merits.