In the absence of the husband staying abroad, can a petition for restitution of conjugal rights be filed by the father of the boy under an expectation that the boy will return to India in a few months. Any citations please.
Abu Thalha (Law) 27 July 2017
In the absence of the husband staying abroad, can a petition for restitution of conjugal rights be filed by the father of the boy under an expectation that the boy will return to India in a few months. Any citations please.
Adv Radhika Mehta (Advocate) 27 July 2017
The son will have to execute a Power of Attorney in favour of the father to appear in and litigate on his behalf. The son would have to sign the Petition before the indian Counsalate abroad along with an Application for taking the POA on record and courier it back to be filed.
Abu Thalha (Law) 28 July 2017
Thanks for your very kind response. Supposing if the husband executed a POA before a Notary in India before his departure, will it be alright??
Adv Radhika Mehta (Advocate) 28 July 2017
It is always advisable that he does it abroad only otherwife his wife may challenge the validity of the same.
Abu Thalha (Law) 29 July 2017
Thank you so much.
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