Given your age, recent major surgery, and the need to reside overseas for essential medical and familial support, it is both reasonable and justifiable that you wish to engage in digital communication regarding your pending property matter before the High Court-appointed committee. The ongoing delays and lack of responsiveness from clerical staff, combined with your inability to secure meaningful updates during your monthly in-person visits, make your situation particularly burdensome. Since your matter is pending before a committee constituted by or under the authority of the High Court, and the committee’s internal communications are reportedly limited to traditional modes like phone calls or physical mail, the absence of formal acknowledgment of your written requests to use email or online communication is concerning. In light of these facts, there are both practical and legal steps you can take to safeguard your participation and right to fair process.

First, you may authorize an advocate to represent you formally before the committee. The lawyer can not only submit a fresh, detailed application or representation on your behalf requesting that all future communications be conducted via email or video conferencing while you are overseas, but also ensure it is properly acknowledged and followed up with the secretariat or administrative wing overseeing the committee. The request should be supported with copies of your medical records, proof of your age, previous written submissions, and your travel schedule or flight bookings if available. Including these supporting materials may help establish the urgency and necessity of your request. The lawyer can also appear before the committee when required, monitor the movement of your file, and report back to you in real time via digital means. This will reduce your burden and ensure consistent tracking of your case.

However, given that your prior written requests have been ignored, and the matter involves a quasi-judicial body functioning under the administrative control or direction of the High Court, it is advisable to consider filing a representation or writ petition directly before the High Court. Through such a petition—preferably under Article 226 of the Constitution of India—you may seek a specific direction to the committee or its secretariat to ensure that communications with you are conducted electronically while you are abroad due to medical and humanitarian reasons. Courts have increasingly recognized the importance of digital access to justice, particularly for senior citizens, persons with disabilities, and NRIs. Precedents from various High Courts during and after the COVID-19 pandemic have affirmed litigants’ rights to hybrid hearings, electronic filing, and email-based service of notices. Citing these judicial trends and your medical condition, you can request the High Court to pass a suitable direction that ensures your matter is not delayed merely due to your inability to receive physical notices or phone calls while abroad.

The High Court may also be urged to instruct the committee to grant you at least a week's advance email notice when your matter is listed for review, so that you may return in person if necessary. Importantly, your willingness to appear physically at the appropriate stage—combined with your current inability to engage with the committee regularly—demonstrates good faith and strengthens your case for reasonable accommodation.

In conclusion, while engaging a lawyer to advocate with the committee is a good first step, a more secure and enforceable route would be to approach the High Court with a brief petition seeking directions to the committee to maintain digital communication with you during your absence abroad. This will help protect your procedural rights, prevent unnecessary adjournments, and ensure you remain informed and involved in your matter, without having to make frequent physical visits. 

Hello, 

1. One option would be to appoint a Power of Attorney, who is well versed with your matter to represent you before the Committee during your absence.
2. In the given circumstances, you may seek an urgent directive from the High Court to grant you permission to attend the matter through digital media.

Execute specific power of attorney in favour of family member to  appear on,your behalf 

Power of attorney should be duly authorised

the power attorney holder can communicate to you via email

power attorney holder can appoint advocates to appear on your behalf 

There isn't an automatic legal right that compels a committee to communicate digitally if their standard procedure doesn't include it. However, the High Court has inherent powers to ensure justice and fair process, especially when a party is genuinely incapacitated or unable to attend in person. you can approach the High Court to seek a directive. This would typically be done by filing a writ petition.Your grounds would be your advanced age, significant health issues, the need to stay overseas for care, the committee's inability to provide proper updates, and the potential for your matter to be prejudiced due to communication gaps. You would argue that the committee's refusal to communicate digitally, despite your reasonable request, is arbitrary or causing undue hardship and denial of a fair opportunity to track your case. The High Court might be sympathetic given your specific circumstances, especially if you can demonstrate that your previous attempts to establish digital communication were ignored. The court might direct the committee to set up a specific point of contact for digital communication or to use email for updates.

The relief for this is that you may have to appoint a person to represent you before the committee to do all such works that you would intend to do if you are physically present before the committee. 

For that you may have to execute a specific power of attorney deed in favor of the chosen representative and clearly state that he would be representing you including appointing a lawyer with a vakalatnama to take care of all the legal requirements during your absence.

High court may not entertain any petition to direct the committee to keep you updated on day to day basis especially when the committee itself meets only once in three or six months ( as mentioned by you), hence there may not be any updates in between. 

Besides, the  committee  cannot be directed to communicate digitally if their standard procedure doesn't include it.

If you are so much concerned about it and unable to be present physically, then you may better appoint a power agent to keep you posted about the developments and the updates  especially to satisfy your anxiety in this regard during your absence.

1. You should hire a lawyer to act on your behalf in front of the committee. The lawyer can make a formal application requesting that all contact with you be made through email or video call, and that they take regular follow-ups for you.

2. Through your Lawyer, give a notice under law as well as a registered post to the committee, enclosing your previous requests and medical/travel documents, and explicitly requesting acknowledgment and electronic communication while abroad.

3. If the committee refuses to respond, you may approach the High Court by moving a writ petition seeking an order for the committee to respond to your communication through email or online modes and to provide adequate notice before your case is heard.

Yes request can be putforth and same can be done 

1. Yes, you can engage an advocate to do this job for you . Another option is to give POA to one of your relatives to do this.

2. For online follow up, updates and meeting you can approach the high court once again.

Hi Sir, you can request them by sending email, request letter through courier/post or by engaging an advocate of that particular high court and once you engage your counsel then you need not worry to appear before them unless required.

• Authorize a lawyer: Appoint an advocate formally through a Vakalatnama. Your lawyer can submit requests, follow up, and represent you before the committee.

• Submit a formal representation: Have your lawyer submit a duly signed application to the committee requesting digital communication (email, online meetings) due to age, medical issues, and overseas travel.

• File a writ petition (if needed): If the committee does not respond, you can file a writ petition in the High Court seeking a directive to the committee to permit digital communication, citing your fundamental right to access justice and health constraints.

• Attach medical and travel proof: Include your medical records, travel itinerary, and any past attempts to contact the committee as evidence.

ou are entitled to effective communication from the committee constituted by the High Court. At the age of 75 and having recently undergone major surgery, you have valid and urgent reasons to seek accommodation for digital communication while residing temporarily with your son overseas. The committee’s current failure to respond to your repeated written requests creates an unnecessary burden and raises legitimate concerns about your ability to participate meaningfully in the proceedings related to your long-pending property matter.

You should immediately submit a formal written request addressed to the Chairperson or Secretary of the committee. In the request, explain your health condition, your age, and your need to stay abroad for medical care and family support. Ask the committee to send all further communications to your email address, to permit video conferencing for hearings wherever possible, and to send notices through email or WhatsApp in addition to physical mail. Attach your medical records and proof of age to support your request. Send this representation by speed post with acknowledgment due and retain the proof of delivery. If the committee has an email address, send a scanned signed copy of the request by email as well. This documented effort will help if you need to escalate the issue later.

Appointing a lawyer will significantly strengthen your position. Your advocate can act on your behalf by submitting this request, following up for updates, and attending proceedings when required. You can authorize the lawyer through a signed letter or power of attorney. The lawyer can also request a certified status report from the committee or appear before it as your representative.

If the committee remains unresponsive or refuses to implement reasonable digital accommodations, you have the right to approach the High Court. You can file a writ petition under Article 226 of the Constitution, asking the Court to direct the committee to acknowledge your written request, communicate with you via email, allow your virtual participation in hearings, and inform you in advance of any proceedings. Courts have recognized the need to accommodate elderly individuals, particularly those facing medical challenges or living abroad.

You can also designate your son or another trusted person in India as your representative during your time overseas. You can execute a special power of attorney allowing them to receive notices and coordinate with the committee on your behalf.

You may further request the committee or the High Court to take up your matter on a priority basis in view of your age and medical condition. Courts have shown willingness to advance hearings in similar circumstances.

You should act without delay. Submit your representation through your lawyer immediately and retain all proofs of communication. If there is no response within a reasonable time, you should file the writ petition to safeguard your rights and avoid further delay. You are willing to return to India when the matter is scheduled for hearing, but the law entitles you to ask for a practical, reasonable, and compassionate arrangement that enables effective communication while you are overseas.

In case you need my advise, you can contact us.

Dear Sir/Madam,

You are suggested that you can approach Hon'ble High Court with a prayer to direction to the committee for digital communication while you are abroad. Alternatively, you can entrust the said work of liason/communcaiton with the said committee to a reliable person and authorise him on your behalf for limited period and limited purposes while you are abroad. The said authorisation can be done through medium of Special Power of Attorney. 

Engage a counsel to represent on your behalf.

G.Rajaganapathy

Advocate

High Court of Madras

 Legal Position:

Yes, you have the right to request digital communication (email, video conferencing, etc.) from a High Court-appointed committee, especially on medical, humanitarian, and practical grounds. While such committees are not strictly bound by the Civil Procedure Code, natural justice and accessibility principles apply, particularly for senior citizens and individuals with documented medical conditions.

Legal Options and Practical Steps Available to You

• A lawyer can formally submit a representation on your behalf requesting:

  • Digital communication via email

  • Intimation of hearings

  • Remote participation via video conference (if any hearing is conducted)

• The advocate can also personally follow up with the committee secretariat and obtain acknowledgment of your request.

2. Submit a Formal Written Application With Medical & Travel Justification

Prepare a detailed written application including:

• A brief medical history and current condition (along with medical certificate)

• Details of your son’s residence abroad and reasons for your travel

• Your unavailability for physical hearings but willingness to attend digitally

• Contact details (email, WhatsApp number, etc.)

Enclose supporting documents:

• Age proof (e.g., Aadhaar/passport)

• Medical certificate/discharge summary

• Copies of prior requests made to the committee

Submit it:

• Physically at the committee office (with acknowledgment receipt)

• Via Speed Post with AD

• Via Email (if any email ID of the committee/registry is known)

• Through your lawyer’s office on your behalf

3. Move a Miscellaneous Application or Writ Before the High Court (If Needed)

If the committee does not respond or acknowledge your repeated requests, you can:

File a writ petition or interlocutory application before the concerned High Court (in the parent matter) seeking:

• A direction to the committee to acknowledge and accept digital communication

• Permission to participate through video conferencing when required

• An order that any intimation or notices must be sent by email to avoid loss of opportunity

Legal Basis:

• Article 21 – Right to Fair Hearing and Access to Justice

• High Court's inherent powers under Article 226

• Guidelines issued by the Supreme Court and High Courts during COVID era encouraging digital access for senior citizens and remote parties

Courts have repeatedly upheld the principle that procedural technicalities should not come in the way of justice, especially for elderly or ill parties residing abroad.

4. Optional – File a Representation Under Senior Citizen Friendly Access Norms

Many courts and judicial committees have informal or formal provisions to accommodate senior citizens or differently abled individuals. You can submit a request invoking:

• Age (75+)

• Recent surgery and ongoing health risks

• Principle of natural justice

Suggested Step-by-Step Action Plan

1. Engage an advocate locally to track the case and submit formal representation

2. Prepare a detailed written request as described above, and get medical documents attested

3. Submit the request:

   • By hand (with acknowledgment)

   • By post (with tracking)

   • By email (if available)

4. If no response within 30 days, file an application before High Court in the parent matter seeking directions

5.  authorized with vakalatnama or POA to appear in your absence

Important Tip:

If you do travel abroad, share your full email and overseas address in writing with the committee or your lawyer, and mention that you are not avoiding proceedings but simply requesting reasonable accommodation.

Conclusion:

You have the legal right to request digital communication, especially due to age and medical reasons. If the committee does not act upon your request, the High Court can be approached for directions, ensuring that your right to participate and receive updates is not denied.

1. If I hire a counsel to represent me and anticipate no more than 5 or 6 sessions until a final outcome is reached,


What range of legal fees should I expect for such representation?

Are there any key factors or red flags I should look for when selecting a lawyer for this type of representation?

2. If I execute a Power of Attorney (PoA) in favour of a trusted family friend to represent me in procedural matters,

What practical steps can I take to minimise any potential legal or personal risks associated with this approach?

3. Would it be advisable to consider a hybrid approach, i.e. engage a lawyer for court/committee representation and also provide PoA to a family friend only to assist with document execution and coordination if required?


Answers.

1. Hiring a Counsel for 5-6 Sessions

Range of Legal Fees:
For 5 to 6 sessions, the legal fees in India can vary widely, from a few tens of thousands to several lakhs (hundreds of thousands) of Indian Rupees, depending on several factors:

• Type of Case:

  • Simple civil or consumer matters: Might be on the lower end, potentially ₹30,000 - ₹1,00,000 for 5-6 sessions, perhaps more if it involves detailed drafting or multiple applications.

  • More complex civil cases (e.g., property disputes, contractual disputes): Could range from ₹1,00,000 - ₹5,00,000 or more, depending on the stakes and the amount of preparation involved per session.

  • Family law matters (e.g., divorce, child custody): These often involve emotional complexity and multiple hearings, potentially ranging from ₹75,000 - ₹3,00,000 or higher.

  • Criminal cases: Fees can be higher due to the stakes involved and the intensity of appearances, potentially starting from ₹50,000 per appearance/session and going upwards significantly based on the court level and complexity.

  • High Court or Supreme Court matters: Fees will be substantially higher, easily running into several lakhs for even a few sessions.

• Lawyer's Experience and Reputation:

  • Junior lawyers/New practitioners: Tend to charge less, perhaps on a per-appearance basis, which might be ₹5,000 - ₹15,000 per session.

  • Mid-level lawyers (5-15 years experience): Likely charge higher, possibly ₹15,000 - ₹50,000 per session, or a lump sum for certain stages.

  • Senior lawyers/Specialized counsel: Can charge significantly more, from ₹50,000 to several lakhs per session or for a defined set of sessions, especially for appearances in higher courts. Some senior advocates may charge per minute for advice or appearances.

• Geographic Location: Legal fees can be higher in major metropolitan cities like Delhi, Mumbai, Bengaluru, and Chennai compared to smaller towns.

• Case Complexity and Work Involved: Even if it's only 5-6 sessions, the amount of research, drafting, strategizing, and preparation required between sessions can heavily influence the fee. A case requiring extensive documentation review or expert opinions will be more expensive.

• Fee Structure:

  • Per session/appearance: A fixed amount for each court appearance.

  • Lump sum/Flat fee: A single fee for the entire case or a specific stage of the case, regardless of the number of sessions. This is common for less complex matters.

  • Retainer fee : An upfront payment that ensures the lawyer's availability and is often adjusted against future work.

  • Hourly rate: Less common for Indian litigation, but some lawyers might bill this way for advisory work.

Important Note on Contingency Fees: In India, lawyers are generally prohibited by the Bar Council of India from charging contingency fees (fees contingent on the outcome of the litigation or a percentage of the recovery).

Key Factors or Red Flags When Selecting a Lawyer:

Key Factors to Look For:

1. Specialization and Experience: Choose a lawyer who specializes in the specific area of law relevant to your case (e.g., civil, criminal, family, property). Experience in similar cases is invaluable.

2. Communication and Responsiveness: The lawyer should be accessible, communicate clearly, and respond to your queries in a timely manner. Poor communication can lead to significant stress and misunderstandings.

3. Transparency in Fees: The lawyer should clearly explain their fee structure upfront, including what is covered and what are additional expenses (e.g., court filing fees, travel, photocopying, expert witness fees). Get this in writing.

4. Realistic Expectations: A good lawyer will provide a realistic assessment of your case's strengths, weaknesses, potential outcomes, and timelines. Be wary of lawyers who guarantee success or make unrealistic promises.

5. Professionalism and Ethics: Check for any disciplinary actions against the lawyer (though this can be difficult to ascertain publicly in India). Look for professionalism in their demeanor, office, and staff.

6. References/Client Reviews: If possible, seek references from previous clients or look for online reviews (though exercise caution with online reviews, as they can be manipulated).

7. Comfort Level: You should feel comfortable discussing your sensitive legal matters with the lawyer and confident in their abilities.

Red Flags to Look For:

1. Guarantees of Success: No lawyer can guarantee a win. Legal outcomes are inherently unpredictable.

2. Vague or Evasive Fee Structures: If a lawyer is hesitant to discuss fees clearly or provides only vague estimates, it's a major red flag. This can lead to unexpected and inflated bills later.

3. Pushing for Unnecessary Litigation: A good lawyer will explore settlement or alternative dispute resolution options before resorting to lengthy litigation. Be wary if a lawyer immediately pushes for aggressive, costly court battles without exploring other avenues.

4. Promising "Inside Connections" or Unethical Means: Any lawyer who suggests they have "connections" with judges or promises to achieve results through unethical means should be avoided at all costs. This is illegal and unprofessional.

5. Asking for Large Cash Payments Without Proper Receipts: Always insist on proper invoices and receipts for all payments.

6. Lack of Specific Experience: If the lawyer has no demonstrable experience in the specific type of case you have, even if they claim to be a "general practitioner," proceed with caution.

7. Poor Communication/Unresponsiveness (even before hiring): If they are difficult to reach or respond slowly during the initial consultation phase, it's likely to worsen once you've hired them.

8. Pressuring You to Make Quick Decisions: A reputable lawyer will give you time to consider your options and understand the implications before making significant decisions.

9. Negative Online Reviews/Reputation: While not always definitive, consistent negative feedback or a poor reputation in the legal community is a warning sign.

10. High Caseload and Lack of Availability: If the lawyer appears perpetually overwhelmed or cancels meetings frequently, they may not be able to dedicate sufficient time to your case.

2. Power of Attorney (PoA) in favour of a trusted family friend for procedural matters

Executing a Power of Attorney (PoA) can be a practical solution, especially for procedural matters when you cannot be physically present. However, it involves significant trust and potential risks.

Practical Steps to Minimise Potential Legal or Personal Risks:

1. Choose Your Agent Wisely: This is the most crucial step. Your family friend (the "Attorney-in-Fact" or "Agent") must be:

   • Absolutely trustworthy and honest: They will have legal authority over your affairs.

   • Competent and responsible: Capable of understanding and executing the procedural tasks diligently.

   • Reliable and accessible: Able to act when needed without undue delays.

   • Fully aware of their responsibilities and limitations.

2. Draft a "Special Power of Attorney" (Specific PoA):

   • Do NOT use a General Power of Attorney (GPA) for this purpose. A GPA grants broad authority and carries significant risks of misuse.

   • A Special PoA limits the agent's authority to specific tasks, such as:

     • Filing documents, petitions, or applications.

     • Attending procedural hearings (where your personal presence is not strictly required for testimony).

     • Collecting certified copies of orders or documents.

     • Coordinating with court clerks, advocates, or other parties for administrative purposes.

     • Paying court fees or other prescribed charges.

   • Be extremely specific: Clearly enumerate each and every action the family friend is authorized to perform. Avoid vague language.

   • Define the scope and duration: Specify for which particular case or set of procedural matters the PoA is granted, and if possible, set an expiry date or condition for its termination.

3. Consult a Lawyer for Drafting: Even if the PoA is for "procedural matters," it's highly advisable to have a lawyer draft it. They can ensure:

   • It is legally sound and enforceable.

   • It adheres to the Powers of Attorney Act, 1882, and relevant state laws.

   • It precisely limits the scope of authority to prevent unintended powers.

4. Proper Execution and Registration:

   • The PoA must be in writing.

   • It must be signed by you (the "Principal") in the presence of two witnesses.

   • The witnesses must also sign and provide their full names, addresses, and occupations.

   • Registration is highly recommended, especially if it involves any dealing with immovable property or significant legal matters. In India, PoAs related to property must be registered. Even for procedural matters, registration adds a layer of authenticity and legal validity, making it harder to dispute later. Registration is typically done at the Sub-Registrar of Assurances office.

5. Maintain Oversight and Communication:

   • Even with a trusted friend, regularly communicate about the progress and actions taken.

   • Request copies of all documents filed, received, or signed by the agent on your behalf.

   • Keep records of any money advanced to the agent for expenses and reconcile them.

6. Set Clear Financial Protocols:

   • If the family friend needs to handle any payments, provide specific funds for that purpose.

   • Avoid giving them access to your primary bank accounts unless absolutely necessary and with strict oversight mechanisms (e.g., requiring dual signatures for withdrawals above a certain amount, or specific purpose-limited transfers).

7. Right to Revoke: Understand that you have the right to revoke the PoA at any time, provided you are of sound mind.

   • To revoke, you must create a formal revocation document, notify the agent in writing, and if the original PoA was registered, register the revocation deed as well.

   • Notify all relevant parties (e.g., court, banks, other parties in the case) that the PoA has been revoked.

3. Hybrid Approach: Lawyer for Representation, PoA for Coordination

Yes, a hybrid approach is often advisable and can be very effective for managing legal proceedings, especially if you have limitations in personal attendance or coordination.

Advantages of the Hybrid Approach:

• Optimized Expertise:

  • Lawyer: Focuses on the core legal strategy, court arguments, complex drafting, and representation in formal proceedings (court, committee). This leverages their specialized legal knowledge and experience.

  • Family Friend (PoA): Handles administrative and procedural tasks, which are often time-consuming but don't require deep legal expertise. This frees up the lawyer's time, potentially reducing overall legal costs.

• Cost-Effectiveness: A lawyer's hourly rate or per-appearance fee is typically higher than what would be incurred for administrative tasks. By delegating procedural coordination to a trusted friend, you can save on legal fees that would otherwise be spent on routine tasks.

• Efficiency and Convenience: Your family friend can ensure timely filing, follow-ups, and document execution, preventing delays that can arise from your or your lawyer's unavailability. This is particularly beneficial if you are frequently traveling, unwell, or have other commitments.

• Personalized Support: A trusted family friend offers a level of personal involvement and understanding of your specific situation that a lawyer, focused on the legal aspects, might not provide for day-to-day coordination.

• Reduced Burden on You: It lessens the administrative burden on you, allowing you to focus on strategic decisions in consultation with your lawyer.

How to Implement this Hybrid Approach:

1. Clear Definition of Roles:

   • Lawyer's engagement letter: Clearly outline that the lawyer is responsible for legal strategy, drafting legal pleadings, court/committee appearances, negotiations, and providing legal advice.

   • Special Power of Attorney: Grant your family friend a Special PoA specifically for procedural and administrative tasks, such as:

     • Submitting and collecting documents.

     • Attending preliminary hearings or dates where only administrative presence is required.

     • Coordinating with the lawyer's office for document exchange or scheduling.

     • Paying court fees or other minor expenses.

     • Receiving communications on your behalf (but ensuring they immediately relay them to you and your lawyer).

2. Seamless Communication: Establish clear communication channels between yourself, your lawyer, and your family friend. All three parties should be in the loop regarding case updates, instructions, and actions taken.

3. Lawyer's Consent and Coordination: Inform your lawyer upfront about your intention to use a family friend for coordination via PoA. Ensure they are comfortable working with your designated agent and understand their limited role.

4. Financial Management: Provide separate, specific funds to your family friend for any authorized expenses, with clear accountability. Avoid giving them broad financial authority.

5. Regular Reviews: Periodically review the arrangement to ensure it's working effectively and that your interests are being protected.

High court will allow you to attend the hearing through vc

1. The lawyer fee can be known through the lawyer who you would engage, it depends on the lawyer. You can choose a lawyer after satisfying his credentials.

2. The power of attorney should be restricted to the subject matter alone and the power agent should not be authorised for all the other general matters whether related to this issue or not.  This will ensure your safety precautions.

3. The lawyer will conduct the case on your behalf and the power of attorney agent would represent you in your absence, hence it is not hybrid mode, but the practical procedures to proceed with the subject matter legally.

Depends upon whether you engage junior or senior counsel 

2) select experienced lawyer 

3) execute POA in favour if family member to be present in court when your lawyer is arguing the case and fir documentation purposes 

Alimony Expectation

• Marriage lasted 8 months; courts usually grant minimal or no alimony for short marriages.

• Your wife’s stable govt job (₹68K/month) makes her financially independent.

• Your new house (mostly funded by your mother and loans) is not matrimonial property for her claim.

• Alimony, if any, likely small lump sum (under ₹5–8L) or monthly maintenance around 20–25% of your income.

• Job instability can reduce alimony liability further.

• Her ₹40L demand is unrealistic.

• Best to negotiate a much lower settlement or contest in court using these facts.