Krishna Gulagari (LAWYER) 25 September 2014

Who filed appeal in dvc

In DVC court passed exparty order against the respondent 1 to 4 for non filling of counter. i.e., pay maintenance.

So, now the respondent 1,3 &4 are went to kuwait for their livelihood, only respondent no. 2 is residing in india, now only respondent No 2 is competent to file appeal or all the respondents are nesessory and moreover in kuwait general power of attarney is difficulty/ not easy. what should the respondent.

krishna

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Tajobsindia (Senior Partner ) 26 September 2014

@ Author,

1. First clarify what reliefs Applicant wife prays as Protection order from R1, R2, R3 and R 4 respectively. And who are R 2 till R 4 in relationship to R 1?

2. If via ex parte it is just a 'Protection order for maintenance' announced then only R 1 is required to meet maintenance to Applicant wife as Order of maintenance cannot be for other Respondents i.e. R 2 till R 4 to share - pay maintenance ! Check ex parte Order again.

3. If R 1 feels the 'protection Order on maintenance' should be set aside then he has to file an Appeal taking R 2-R4 as co appellant as practice procedure and if there are other Protection orders apart from maintenance due to which statutory rights of R 2, R 3 and R 4 are "also" hit - suffered then they can co-Appeal with R 1 to set the ex parte Order aside.

4. In any way the ex parte Order needs to be set aside so that all and/other respondents can make appearance of their say to allegations of domestic violence and/or for discharge and/or against the reliefs prayed by Applicant wife, otherwise case proceeds ex parte against all respondents.

5. From your brief R 2 is competent because he is in a position to file his affidavit of Appeal being in jurisdiction and he generally may not require PoA to do so. Others Respondents who are currently out of jurisdiction of Court to file Affidavit of Appeal they are required to send PoA . The PoA is made on a plan paper which should be duly signed by you and R 3, and R 4 respectively and by two witnesses in presence of the Notary Public available in Kuwait. Such Notary Public is also available in the Indian Consulate General's Office in Kuwait. For Identification of R 1, R 3 and R 4 carry respective (valid) Passport. The Notary Public signs and stamps PoA. For admissibility of this PoA document in India this simply Notarized PoA is more then enough, no non-judicial Stamp Paper are required. R 2 cannot file Appeal on behalf of other Respondents such as prayer to set aside an ex parte Order.

You have very limited course correction relief available in current stage.

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