• How my Russian wife can make a power of attorney so that we can file mutual divorce case in India?

My wife is Russian and living in Russia. I am in India, Indian. We both decided to file suit for mutual divorce in India.Due to travel restrictions and covid, she cannot come to India. 

What is the procedure of executing a power of attorney by her (Russian) so that we (me and her attorney) can file suit for mutual divorce in India? 
Can she nominate any person in India as her attorney to file such suit on her behalf?
Asked 1 month ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

1) you can forward the mutual consent divorce petition to your wife abroad 

 

2) she can sign the petition and it should be attested before Indian consulate as petition is to be filed in India 

 

3) she can execute specific power of attorney in favour of third party in India for filing divorce petition, for appearing in courts etc 

 

4) her virtual presence through Skype is sufficient 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Dear Querist

Draft a Power of Attorney and attest the same by Notary Public of Russia and send the same to Holder 

Nadeem Qureshi
Advocate, New Delhi
5912 Answers
281 Consultations

4.9 on 5.0

She can give her consent through video conferencing. An affidavit can be made through a notary in Russia and can be submitted here.

She may come for the second motion within 6 months.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

As your spouse would not be able to travel to India due to pandemic restrictions, she can execute a special power of attorney for court purpose and get it notarised by a notary public of that country or attested by an official of Indian embassy and send it to the selected power agent in India, who shall in turn sign the papers on her behalf to file the proposed mutual consent divorce petition before the court of law. 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

If she has any personal relatives or can appoint a lawyer on her behalf to proceed the case for mutual consent divorce.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

In her absence the suit can be filed.

However after the filing when the suit is fixed for final hearing the physical presence of both parties can not be dispensed with. 

However if you want you may extend the time further so she can come travel 

 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Dear sir,

Generally, a power of attorney does not provide an attorney-in-fact with the legal ability to file documents in court, such as in divorce proceedings, or to initiate court actions. However, a principal can insert a clause into his power of attorney document stating the power will not terminate upon mental incapacity. 

Granting of a power of attorney is not only limited to contractual or property related transactions, but it is gaining its own significance in matrimonial disputes namely divorce. it is a legal process that includes the drafting of a document which allocates to someone else the ability to act as your legal representative or a lawful delegate. POA is regulated by the Power Of Attorney Act, 1882 and various other important laws in India.

 

When person is not in India :

If the person is not in India, what is to be validated by the Indian Embassy or Consulate in your residencies the simple POA. It will be signed by the Embassy and then sent to the POA holder in India, through registered post. After receiving the post, the POA holder is needed to visit the workplace of the Sub- Divisional Magistrate with the necessary records. It usually takes approximately 115 days time to proceed the POA and once it is stamped by the SDM it turns out to be a registered POA.

 

The POA holder should carry the following documents with himself:

  1. An Affidavit of Rs.100 with the POA holder’s swearing of his identity. This might require nominal stamp duty.
  2. The Envelope in which the POA has arrived from the Embassy.
  3. Passport Photocopies of the Executant.
  4. Documents to prove the relationship between the POA Executant and the POA Holder.

It generally takes up to 15 days to process the POA. Once stamped by the SDM, it becomes a registered POA.

 

 

In most cases, it is mandatory to mention that POA is durable to avoid letting it become a nondurable POA by default.

 

There are also two types of Power of Attorney depending on the time of commencement. 

  1. Immediate – When a principal appoints the agent and the POA is effective immediately.
  2. Springing – A springing Power of Attorney is one which becomes effective only after the principal is proven out-of-action.

For more assistance, you can book a consultation with me.

 

If you like my answer, please give a good rating and leave a review.

 

 

Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 on 5.0

- As per law , a joint petition can be filed for mutual divorce in India , even by the GPA holder of the person who is unable to travel in India for filing the said petition. 

- She should execute a GPA/SPA in favour of any favour of any known person in India for fling the said petition before the court. 

- This GPA/SPA should be attested by the notary of that country , and must be attested also from the embassy as well. 

- However, at the time of final statement in second motion before passing a decree of divorce , her presence before the court is mandatory. 

Mohammed Shahzad
Advocate, Delhi
6268 Answers
64 Consultations

5.0 on 5.0

Both can file and attend te call through video.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1882 Answers
8 Consultations

4.9 on 5.0

1. She has to execute GPA and get it attested before Indian Consulate in Russia to authorise her agent to file the petition for and on her behalf.

2. She can nominate a relative only who has personal knowledge of the facts which she will state in mutual divorce petition.

3. In Mann Kaur vs Hartar Singh Sangha the Supreme Court has made it clear that a POA holder cannot depose on facts which are not within his personal knowledge.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

She can give a poa to any person in India if she can't be in India. She needs to get the poa attested in Indian embassy Russia for the same

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

No. She will have to necessarily visit once at the time of the filing of the petition in India. No Power of Attorney will suffice as this is a divorce proceeding.

Garima Anil Mehrotra
Advocate, Mumbai
512 Answers
1 Consultation

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer