Attorney can represent NRI in marital discord cases: HC

NEW DELHI: Busy NRIs involved in marital discord cases in Indian courts can breathe easy as the Delhi High Court on Friday allowed their attorney to represent them in family courts during “mutual divorce” proceedings.

The court made it clear that the attorney who appears on behalf of such people are competent to appear before a family court during the divorce proceedings.

Justice Shiv Narayan Dhingra allowed a petition filed by Vinay Jude Dias, who stays in the United Kingdom (UK) and whose wife lives here, challenging the summon order passed by a city court on a petition filed by mutual consent for a decree of divorce.

“An attorney is competent to act on behalf of the principal on the basis of power of attorney executed by the principal,” Justice Dhingra said.

“Where the parties are living far away from the jurisdiction of the court to dissolve the marriage, the parties after filing their affidavits can appoint attorneys to act on their behalf,” the court also said.

Stating that the courts have been allowing attorneys to file a petition, to withdraw the case or to carry on proceedings in the court on behalf of their principal in all other cases, Justice Dhingra said “the attorney can also act in matrimonial cases as per instructions of the principal”.

Justice Dhingra said the court should take necessary precautions to prevent frauds committed by the parties in matrimonial cases

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