• Divorce

Can both spouses appoint POA for filing mutual divorce?
Asked 6 years ago in Family Law
Religion: Hindu

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19 Answers

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 

 

 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

It is legal to file for divorce by mutual consent through POA in favour of family member

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

Query has been replied to 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

It is possible with leave of the court

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

Yes both spouse can appoint there POA for the mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes it is legal the Power of attorney can be annexed with the joint petition.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Yes, but for final hearing both parties are to be present before court to confirm their decision.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

Yes they can do it as per the instructions contained in the POA deed.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

There are plenty of replies to your query, you may go through one by one patiently.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

Both POA will be not acceptable only one MOU is sufficient to apply for mutual consent divorce.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

A mutual consent divorce can be filed by a Power of Attorney . 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

in some cases of MCD, personal appearance of both parties is compulsory in second motion. 

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

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

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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