This article is published for informational purposes only and does not constitute legal advice or solicitation. Readers should obtain independent legal advice for their specific facts.
Why POA is used
NRIs often execute a power of attorney so that a trusted person can coordinate filings, receive notices, sign certain documents and assist counsel in India.
Limits in matrimonial matters
Matrimonial cases involve personal facts and, at times, personal consent. A POA holder may not be able to replace the party for every purpose, especially where evidence, counselling, mediation or consent is involved.
Execution abroad
A POA executed abroad may require notarisation, consular attestation or apostille depending on the country and the purpose for which it will be used in India.
Frequently asked questions
Can a POA holder file a divorce case?
It depends on the nature of the proceeding and court requirements.
Can mutual consent divorce be done only through POA?
Usually personal participation or court permission for video appearance may become relevant.
Should the POA be general or specific?
Specific POA is usually safer for defined legal tasks.
Can POA be revoked?
Yes, subject to law and the terms of the instrument.