You can execute POA in favour of family member to appear on your behalf
personal appearance is not necessary on all dates
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?
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You can execute POA in favour of family member to appear on your behalf
personal appearance is not necessary on all dates
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
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.
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.
- 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.