Murugan (Software) 18 April 2011

Urgent! Giving Power of Attorney to Dad

Recently I got an CJM (Cheif judicial magistrate) order of maintenance of the girl I married for 40,000/month, though I had been paying 7,000/month in family court for her maintenance . Also heard the new judge was changed recently and was corrupted by my inlaws. Judgement was given without my paycheck proof or where I work. Also the other facts are,

1. Wife was an epileptic patient ( severe complex epilepsy - second generation aka FITS in india) hided this before marriage.

2. I only filed "Null and void marriage" as per 13 b section in family court for concealment of disease and truth before marriage

3. Have 21 evidences, that she had epilepsy including her diary, and also police registry where she was denying to give my gifts.

4. Twice I was unnecessarily held up in airport police station and wasn't allowed to travel to the country where i worked.

5. They put me in 498a dowry act, Domestic violence act and also asked for huge maintenance.

6. I stayed one and half years in India to solve this case but to worse my situation got into trouble, both I was without job for long time and also I had come back to USA.

7. THough I appeared for all the hearings in India till the argument stage came, when I was about to win and also got "dispense with from High court". Judge in biased manner have given this verdict saying last 3 times I wasn't present so I believe he is working in Australia( which is fabricated). Later I came to know that Judge is corrupted with few lakhs and now I have to fight against that evil and challenge his decision.

Please join hands with me and answer some below questions,

1. How to apply for appeal against the CJM - Maintenance order,

2. Now I had to come outside the country and had been having medical issues in traveling how should I appeal?

3. Can I give power of attorney to my dad / lawyers?

Please help ASAP as I need more advice. Can disclose more details if required.

Thanks in advance.

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4 Replies

Murugan (Software) 18 April 2011

1. Also, this is only for Family and CJM maintenance appeal( against order). not for criminal and DV cases

2. I have a POwer of attorney given to him 3 years back. how long is power of attorney valid? should I need to give new one?

Avnish Kaur (Consultant) 19 April 2011

why not 12 1 c?

Murugan (Software) 19 April 2011

Can Anyone answer my question on Power of attorney.

Avinash,
For your question, I am not sure you want me to apply in 12 1 c in this case... could you please ellaborate a little.

Om Prakash Dhusia (HR assistant) 25 April 2011

Dear Murugan, if your case has been decided by CJM, no matter you percieve it to be unjust, you are left with the recourse to acquire INJUNCTION on the order by CJM by filing a writ in the respective HIGH COURT and acquire a permission from the High court for waiver of PERSONAL APPEARANCE on the grounds of inability due to employment abroad since you are not an defaulter I suppose and you would be represented by your lawyer.

Kindly hire a competent lawyer to plead your writ before the High Court and no power of attorney ( Which is called VAKALATNAMA in U.P.) can be issued to your parents except the lawyer in this context.

Instruct your lawyer properly and keep track of your case positively but please don't panic because the world is very cruel and one has to face the harsh truth intentinally or un-intentionally.

Regards.