Wednesday, January 27, 2016

Husband can appoint agent 2 appear @ familycourt. need NOT appear in person all dates. Madras HC.

Husband can appoint agent to appear at family court. Need NOT appear in person for all dates. Madras HC.

This decision will be quite Useful for NRIs & other husbands living out of station and so struggling to travel etc.

In this case, the Hon Madras HC orders that a husband can appoint an agent who is not a lawyer to appear on husband's behalf.

However husband cannot completely be absent (later in the proceedings) because counseling between couples is possible only if parties appear in person. The Hon HC also quotes other cases where it is decided the power agent cannot be cross examined on intimate matters (i.e.) husband to appear only on those occasions.

The Hon HC says "…18. Thus, it is now well settled legal position that there is no legal impediment under the Family Courts Act, for a Power of Attorney to appear on behalf of the Principal and the only legal embargo is that the recognised agent should not be a legal practitioner. Any person, not being a legal practitioner, can be nominated as an agent under Order 3 Rule 2 CPC, to prosecute or defend the parties and until the Family Court passess any specific order, directing appearance of the party, depending upon the facts and circumstances of the case…."




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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist