• Divorce - nri

Hi,
I stay abroad. But had my marriage solemnised in India. I filed my divorce in June, 2014.
My wife didn't appear but transferred the case to some other city. Now, from last 3 dates she is appearing in the court. Due to my project tight time lines, I can't travel that frequently to India.
My Lawyer has advised me to  execute a limited power of attorney in the name of my Sister, who is married. No record of evidence or anything has started yet. Can you please advice on the below:-

1) Can my ex-wife object, my sister's presence in the hearing on my behalf?
2) under what circumstances, I would be asked to present before the court?.
Asked 6 months ago in Family Law from United Kingdom
Religion: Hindu
1. No. You are within your right to issue POA in favour of anyone you feel like to represent you since you reside abroad and it is not feasible for you to attend the Court personally on every hearing date,

2. At the time of cross examination and submitting your evidence you shall be required to be present before the Court personally. However, at that time your Advocate  should impress upon the judge to direct your wife's councel to finish of his cross examination within a stipulated time. 
Krishna Kishore Ganguly
Advocate, Kolkata
12111 Answers
231 Consultations
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1) you can execute specific power of attorney in favour of your sister or parents to attend court on your behalf, to give instructions to advocates , to sign affidavit in reply , make applications ,etc

2) your presence would be necessary at stage of evidence 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1) Can my ex-wife object, my sister's presence in the hearing on my behalf?

There is a provision in law under Order III Rule 2 CPC for representing through an authorised agent , hence her objections cannot sustain.



2) under what circumstances, I would be asked to present before the court?.

You would be asked to be present before court during deposition of your evidence, in fact even this can be had through video conferencing facility, so your presence may not be required before court in person.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
Andhra High Court
Dasam Vijay Rama Rao vs M.Sai Sri on 17 June, 2015
       

  

   

 
 
 HONBLE SRI JUSTICE NOOTY RAMAMOHANA RAO             

C.R.P.No.1621 of 2015 

17-06-2015 

Dasam Vijay Rama Rao .Petitioner   

M.Sai Sri . Respondent  

Counsel for the Petitioner: Sri D. Madhava Rao

Counsel for the Respondent: --- 


<Gist :

>Head Note: 

? Cases referred:
1.[2009] 151 Comp Cas 51 (AP)  
2.1995 (3) ALD 341 (DB) 

THE HONBLE SRI JUSTICE NOOTY RAMAMOHANA RAO              

CIVIL REVISION PETITION No.1621 of 2015    

ORDER:  
( relevant extracts)

Increasingly Family Courts have been noticing that one of the parties is stationed abroad. It may not be always possible for such parties to undertake trip to India, for variety of good reasons. On the intended day of examination of a particular party, the proceedings may not go on, or even get completed possibly, sometimes due to pre- occupation with any other more pressing work in the Court. But, however, technology, particularly, in the Information sector has improved by leaps and bounds. Courts in India are also making efforts to put to use the technologies available. Skype is one such facility, which is easily available. Therefore, the Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary skype facility in any particular case. For that purpose, the parties can be permitted to be represented by a legal practitioner, who can bring a mobile device. By using the skype technology, parties who are staying abroad can not only be identified by the Family Court, but also enquired about the free will and consent of such party. This will enable the litigation costs to be reduced greatly and will also save precious time of the Court. Further, the other party available in the Court can also help the Court in not only identifying the other party, but would be able to ascertain the required information. Accordingly, I direct the Family Court to entertain the I.A. as it is maintainable and permit the GPA of the 2nd petitioner in O.P. to represent and depose on behalf of the 2nd petitioner in the O.P. and the Family Court shall also direct such GPA or any legal practitioner chosen by him to make available the skype facility for the Court to interact with the 2nd petitioner, who is staying at Melbourne, Australia and record the consent of 2nd petitioner and proceed with the matter thereafter as expeditiously as is possible.
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
It is not clear to me as to why you have been advised to execute a POA as this is a civil case in which the lawyer alone is required to appear whereas the personal presence of parties is required only at the stage of evidence.

Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hi, you can execute General Power of attorney in favour of your sister and authorizing her to represent the case on your behalf on day to day basis but at the time of evidence your presence is very much required.

2. Once you deposed before the Court and tendered yourself for cross examination then your presence is not required in the Court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi 
You can grant a limited power of attorney in the name of your sister to appear on your behalf. 
However you will be required to attend courts personally on 3 or 4 to give evidence. 
Ask your lawyer to kindly inform you at least a month in advance so that you can plan your travel and submit evidence . 
Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
in All India Reporter Ltd. And Anr. vs Ramchandra Dhondo Datar AIR 1960, held by the supreme court of India that plaintiff may authorized any person acquainted with the facts of the case to appear on behalf of the plaintiff. defendant cannot challenge it. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
if court require your appearance at any stage of the proceeding you are bound to appear. generally appearance of plaintiff is necessary at the stage of trial or recording of statement or when party desires to settle their issue out of the court or compromise. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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