Friday, January 28, 2011

Power of Attorney


(2009) 6 MADRAS LAW JOURNAL – Page 945
Family courts Act, Section 13 – Code of Civil Procedure, Order 3 Rule 1 – Proceedings for dissolution of marriage – Wife has to necessarily be in France, since their children cannot travel out of France – Wife seeking permission to be represented through Power agent – Family court refusing permission – Order challenged in revision – In matrimonial cases, no legal practitioner is normally allowed to appear for parties – If any party to the proceeding is prevented from appearing before the court, there is no legal impediment to grant permission to the party to be represented by power agent – When the court is of the opinion that the presence of the party is required for the purpose of counseling or settlement, then it may direct the party to appear at that stage – Wife granted permission to be represented by her power agent, till the commencement of trial – CRP allowed. 

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