You can execute POA in favour of family member for filing petition for divorce by mutual consent
similarly your wife can do so if she is unable to attend court
Can both spouses appoint POA for filing mutual divorce?
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Is it legal if both POA apply joint petition
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You can execute POA in favour of family member for filing petition for divorce by mutual consent
similarly your wife can do so if she is unable to attend court
It is legal to file for divorce by mutual consent through POA in favour of family member
1. Yes it can be done.
2. Both spouses can execute a joint GPA to authorise a blood relative who has personal knowledge of the facts enshrined in the petition.
For mutual divorce the signature of both parties required as well their personal presence is essential is mandatory at the time of final hearing of the case.
So in other words on the basis of POA holders MCD petition cna neither be filed nor be finally heard and disposed of.
Both POA will be not acceptable only one MOU is sufficient to apply for mutual consent divorce.
Yes, a mutual consent divorce can be filed by a special Power of Attorney holder, who can file or take part in divorce proceedings as an authorized representative of the party seeking divorce.
- Yes, both spouses can appoint POA for filing mutual divorce, and that POA holder should be a family member.
- After filing , statements of the POA holders will be recorded in the First Motion.
- But , after the First Motion has been granted, then at the time of Second Motion , both spouses will have to be present physically , to confirm their consent , Then the Divorce will be granted.
1. No POA cannot be appointed for mutual consent divorce as personal presence is mandatory.
2. You can pray for recording of statement through video conferencing but cannot you have to appear in person before family court.
A mutual consent divorce can be filed by a Power of Attorney .
Filing Divorce on the basis of Power of Attorney is allowed by Hon'ble Supreme Court of India. But both need to appear for second statement. In some courts the appearance for recording second statement could also be exempted by the concerned court.
Dear Sir,
Yes, the filing of Mutual Divorce can be done through a Power of Attorney if one of the party is unable to attend the filing process due to some reasonable reason.
In that case the person can authorize another person to do the filing process.
Yes, a mutual consent divorce can be filed by a special Power of Attorney holder, who can file or take part in divorce proceedings as an authorized representative of the party seeking divorce. This applies to parties married under both Hindu Marriage Act and Special Marriage Act