• POA for maintenance case

Me and my wife living apart for some year, my wife filed a maintenance case again against me, I'm working in Mumbai. My question is can I give power to my relatives to appear on my behalf to conduct this maintenance case?

Will that exempt me from appear in front of court?
Asked 3 years ago in Family Law
Religion: Christian

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6 Answers

You can execute POA in favour of family member to appear on your behalf 

 

personal appearance is not necessary on all dates 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Yes if it's civil case you can gove poa

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

The family court laws state that the parties to the case before it are to appear in person on each and every date of hearing, however the family courts do permit the parties to be represented through their power of attorney agents 

Hence you can very well give a POA DEED  to the proposed relative to represent you during your absence 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

Dear Client,

You can execute POA in favour of your relative.

Your personal presence is not necessary in maintenance case on each date.

 

Thank You.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

No, your personal exemption from appearance cannot be dispensed with. For engaging a lawyer and for filing your defence, you may execute a PoA in favour of your close relative, but not for giving evidence on your behalf in hearings.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

- As per law , if she files a maintenance case , then your appearance before the court is mandatory , and in your absence the court may pass ex-party decree in her favor 

- Further, no POA holder is allowed to contest the case on behalf of the Respondent/accused , and personal appearance is necessary . 

- However, on some dates , any family member can appear before the Court with the counsel. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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