• Power of Attorney Rights in Divorce Case

Hi,

I going to file a divorce petition and for the same, I have assigned a Power of Attorney because I reside outside India. I am concerned about the rights of Power of Attorney. What a power of attorney can do and cannot do?

How to make sure that the power of Attorney acts in my best interest while I am away?
Asked 2 years ago in Family Law
Religion: Hindu

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31 Answers

1) Power of attorney can appear on your behalf in divorce petition before family court , sign consent terms , execute affidavit , file reply on your behalf , acknowledge receipt of payments received on your behalf etc 

 

2) you should execute specific power of attorney in  favour of blood relative only 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Draft POA very specific keeping in mind, how much authority or restrictions put to Attorney holder. Take help of expert. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

  • A power of attorney (POA) is a legal document that authorizes a person (the agent or attorney-in-fact) to act on behalf of another person (the principal or donor) in certain matters. A POA can be general or specific, depending on the scope and extent of the authority granted by the principal to the agent.
  • In case of divorce proceedings, a POA can be used by a principal who resides outside India and cannot be present for the execution of the divorce. The principal can appoint an agent by way of a notarized POA with apostille certification to represent him or her in the court. The agent can file the divorce petition, submit the documents, appear for the hearings, and receive the decree on behalf of the principal.
  • However, a POA cannot do everything that the principal can do in a divorce case. Some of the limitations of a POA are:
    • A POA cannot file a divorce petition on behalf of the principal without his or her consent and signature. The principal has to sign the divorce petition and verify it through the agent.
    • A POA cannot give evidence or testify on behalf of the principal in the court. The principal has to give his or her own evidence through video conferencing or other means as per the court’s direction.
    • A POA cannot compromise or settle the divorce case without the express consent and instruction of the principal. The principal has to approve any agreement or arrangement made by the agent with the other party.
    • A POA cannot act against the interest or will of the principal in any manner. The agent has a fiduciary duty to act in good faith and loyalty towards the principal.

To make sure that the POA acts in your best interest while you are away, you should choose a trustworthy and reliable person as your agent, such as a close friend, relative, or lawyer. You should also communicate with your agent regularly and monitor his or her actions and progress in your case. You should also review and sign all the documents and papers related to your case before they are submitted to the court. You should also be ready to appear for video conferencing or other means as per the court’s direction whenever required.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

divorce petition , POA , consent terms have to be signed by you , attested before indian consulate and returned to your lawyer 

 

consent terms contains broad terms of settlement arrived at between the parties

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

yes all signed by you and attested before indian consulate 

 

further your virtual presence is necessary during hearing of divorce petition 

 

court verifies that you have signed POA , signed consent terms , agreed to settlment 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

POA holder can compromise or settle the divorce case, if principal permits in POA.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

as mentioned earlier court before granting divorce verifies whether you want divorce , have signed consent terms for settlement . only then is divorce granted 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Mention in POA that any settlement will be in writing and prior written approval of principal is necessary.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

yes your understanding is correct 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Add a clause in following manner, "Any settlement of dispute, compromise etc. shall only be done with the express consent of the principal." Though general practice is any compromise is done only with the express consent of principal many times this principal is ignored by Courts. Therefore is safe to add such clause. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Nops. It has to be mention in POA that any settlement done by agent on behalf of Principal must be confirm by Principal first in writing than only such settlement  will effect.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

- You can give POA for specific work 

- The said POA should be notarised as per rule of that country , and attested from the consulate of India. 

- However, presence of the Principal is necessary before the court for giving consent , and it can be possible virtually. 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

The power of attorney agent cannot be able to do anything in the court except signing the papers and remain present before court during yor absence.

Your advocate will take care of the  case properly.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

For settling the divorce case the POA"s consent alone is not enough, the party has to be physically present before court to express his/her consent towards the confirmation of the decision for divorce at the time of final phase. 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Yes, the express consent is not sufficient, the party has to be present either in person or sometimes by video conference arrangement to express his consent before judge.

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

You can pass on instructions to the power agent and the advocate to obtain your consent before taking any decision towards the settlement if any.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

The court will not pass any judgment towrds divorce without the party to the case confirming the decision for divorce. 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

It all depends on averments in POA and the power you can grant thorough POA. Even after execution POA you need personal presence if court orders 

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

DEAR SIR/MADAM, 

The POA has got limited role in such cases and it is suggested that even if you give POA, just appear in court through VC as confirm the things yourself because VC is allowed in the all cases/courts these days. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can issue legal notice to agent to revoke POA 

 

also issue public notice about revocation of POA 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

- Yes, you can cancel the said given POA after sending a notice for cancellation . 

- If you not satisfied with POA , then you can send a notice or legal notice to the said POA holder that the said given POA is hereby cancelled by the principal and the said POA is not having any legal status in the eye of law. 

- However, if the said POA is registered from registrar , then you will have to execute a cancellation deed . 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

You as a principal can cancel the POA given to the power agent anytime by issuing a legal notice to the agent.

After that you can issue a newspaper publication intimating the cancellation of the POA deed and warn the public to desist from involving into any activities through this POA deed since it is cancelled.

If it is  a registered deed, you may have to execute a cancellation deed jointly along with the power agent so that the registered POA stands legally cancelled. 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

You can issue a legal notice either by yourself(if you are aware of the contents matching the certain legal terminologies involved in this) or you can a engage the services of an advocate on the terms of the chosen advocate by furnishing the details or a copy of the deed with reasons to cancel the POA deed. 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

Engage a lawyer for issue of legal notice 

2) he would send notice for revocation of POA 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

It means reasons should be mentioned why you want to revoke POA 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

through Advocate 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

If you cannot be able to issue a proper and legally valid notice to the power agent intimating the decision to cancel the POA deed, then you can engage the services of an advocate for this purpose on the terms of fees or charges informed to you by the chosen advocate. 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

- Since , you are living abroad, then simply you can send him an email for the cancellation of the POA given to the present lawyer , and even send through the whatsapp after drafting on a paper , so that your newly engaged lawyer can produce the same before the court after printing your notice. 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

You can cancel the POA. You need to send the legal notice to person in whose favour it is issued 

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Dear Sir,

You may cancel the POA by just serving a notice by email/postal services/whatsapp and inform the concerned court also, where the case might by going on. Though, it is not your question, but based on experience, it is suggested that you may handle the things your own also by appearing in court proceedings directly through Virtual mode. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

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