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amit   01 April 2015

Power or attorney in divorce case

I live in US, my wife has filed divorce and maintenance case in Indian court. Since I can't go to India to fight a case, my lawyer suggested to give power of attorney to my cousin brother in India, who will represent me for court matters in certain situations. He send me a draft of the power of attorney and advised me to prepare the power of attorney in US as per US procedure and send it to him in India. He will then get it registered there by the government, signed by my brother and notarize it. 

My question is:

1. Is there any other option than giving power of attorney. I can attend the court once in 6 months but not more than that.

2. Is this the right procedure or the only procedure for the power of attorney in my case?. If my lawyer prepares the power of attorney on the necessary Rs 100 stamp paper (not sure) and mail it to me here for signature and i return it back to him. Will this not work?

Please advice. thanks.



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 6 Replies

Adv k . mahesh (advocate)     01 April 2015

once in six months then your problem is solved very easily 

talk to your wife and make a joint petition for mutual consent divorce 

means this time when you come to india let your lawyer prepare all the formalities and when you are in india attend first motion and again when you come again after six months give your consent and also your wife will give her consent for divorce and both of them problem is solved easily but you have to pay maintenance till she is re married 

and the power of attorney can be prepared in india and also you can prepare the draft sent by your lawyer in US and send it in india 

and court will not accept you that you will attend only for once in six months and in this court may take your passport also if your wife complains about you 

amit   01 April 2015

Thank you Adv. Mahesh.

My wife is asking extremely high maintenance so MCD is not possible. I have to contest the case.

My question is:

1. Is there any other option than giving power of attorney. I can attend the court once in 6 months but not more than that.

2. Is this the right procedure or the only procedure for the power of attorney in my case?. If my lawyer prepares the power of attorney on the necessary Rs 100 stamp paper (not sure) and mail it to me here for signature and i return it back to him. Will this not work?

amit   01 April 2015

Also, I have a son, so my first preference is she lives with me, that is also why I am contesting.

amit   02 April 2015

Thank you no name.

The consulate website says attestation for property and financial matter, so I hope divorce and maintenance qualifies as financial matter and they do attest.

Also, do I really need a Power of attorney in this case or just an Authorization letter will do?

amit   03 April 2015

Please advice if a Authority letter will suffice or I need to prepare a Power of Attorney from a lawyer in US?

amit   04 April 2015

No name. Thank you.

Do I need signature of 2 people in the power of attorney or my signature is enough.

Also, is it okay if I get it signed by Indian consulate here and my lawyer gets it notarized in India.

Thanks.


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