No. Such signature if done on the basis of GPA is often rejected by court.
Rather send your signed copy through post.
In mutual divorce matters courts mostly disallow this kind of signature.
MCD without visiting India
Sir/Madam, Due to visa problems, I am not in a position to visit India for signing the mutual consent divorce. Is it possible to grant power of attorney to my father or mother to appear in courts on my behalf? Is personal appearance really required for the 1st, 2nd, and final appearance, or can they be done via Skype. I am trying to see if the whole process can be handled via power of attorney and/or skype meetings since the consulates are closed due to covid, and I certainly cannot travel to India during this difficult times without risking my job. Appreciate a response from the legal experts. Thank you very much.
Asked 5 years ago in Family Law
Religion: Hindu
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9 Answers
Hi, you can file a petition for divorce on the basis of the General Power of attorney. But normally the court insist your presence on the second motion.
You can execute POA in favour of father
2) however POA should be attested by Indian consulate
3) your personal presence is not necessary
4) your virtual presence through Skype is sufficient
You can attend Skype or zoom meeting and let court pass the order of MCD. Kindly ask your lawyer or family member to submit MoU terms and conditions of MCD.
You need to have one persons presence required on last date but filing etc can be done through poa.
- Since, you are not in position to visit India , then you can execute a POA/SPA in favour of your father or mother for signing /filing and appearing on your behalf before the court.
- However, at the time of second motion i.e. at the time of passing decree of mutual divorce your presence before the court is mandatory.
You have the option of giving POA deed to your close relative to sign the papers for divorce and also appear befor court for 1st motion.
Some courts insist the parties physical appearance during second motion not caring about the supreme couirt permission to conduct the case through video conferencing mode.
If the court permits to conduct the 2nd motion also through POA by having the confirmation of the party living in abroad through video conferencing, you can very well proceed.
If this is not permitted then the court may adjourn the 2nd motion up to 18 months preceding ther date of filing the mutual consent divorce, hence you can conveniently plan your trip
1. In this scenario you may execute a Power of Attorney in favour of a blood relative in India to authorise him to sign the pleadings on your behalf.
2. POA has to be attested at Indian Consulate.
3. It cannot be done via skype.
4. If the attestation cannot be done through Consulate then you can get it attested it from Notary Public.
Yes. This is possible. Courts welcome such kind of video conferencing for MCD cases. Even otherwise due to COVID crises most of the Courts have installed electronic systems for conducting hearing in such matters.
You can get the POA executed at USA and appostille the same at Indian Embassy in USA and send the pdf scanned copy to your father in India. He will then be authorised to appear whenever needed. Your virtual presence will be required only two times. One at the time of mandatory mediation proceedings and other at the time of final disposal of MCD/irrevertible marriage.
