In your case you can executed power of attorney in Sydney and duly attested by Indian consulate or attorney of that country and send it your mother . The mother will adjudicate the same before district registrar . The principle need not come to registrar's office physically for registering the same. (Foreign Power of Attorney should be got stamped by the Collector after its receipt in India within prescribed time of 3 months).Write the power of attorney on plain paper. There is no need to create it on stamp paper from India, subject to conditions. Sign the power of attorney. Two witnesses should also sign this document. The addresses of the applicant and witnesses should be typed clearly. All this must be done in the presence of a notary public. You can also get this done at the Indian Consulate as well.

Steps in Court Procedure in Mutual Divorce case:

In all there are two court appearances in a mutual divorce

1. First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.

2. Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)

3. Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.

4. Divorce decree will be granted as the Honourable Court may deem fit.

Your presence in the court is important from Second motion .For filing application you can use the Power of attorney.

My second question does the same rule applies in Hyderabad as well or would the ask for a registered or verified POA in India ?

All over India has same rule except Jammu and Kashmir.

1) POA has to be attested by indian consulate

2) POA does not need registration or verified by any other official in India

3) registration of POA is necessary only for sale of immovable property

4) same rule applies all over India

1. The Notarised POA in Sydney is enough to authorise your mother to represent you in court.

2. Yes, sane rule applies in Hyderabad also.

3.In India there is no formality or signature required.

Do note that in final hearing of MCD your physical presence would be required.

No other signature is required

1. The POA has to be attested at the Indian Consulate and it must contain express authority for the agent to engage an advocate.

2. The petition for mutual consent can be filed by the agent only if he holds an attested/registered POA. This applies across India.

POA duly Notorised in Australia & stamped in India given to your mother in 1st motion should legally suffice.

2. However, at the time of 2nd motion after a cooling period of 6 months your physical presence in the court would be necessary to get a divorce decree.

1. To be legally valid, the POA has to be adjudicated in the jurisdictional District Registrar's Office, in the instant case in Hyderabad.

2. Since you are going to file in Hyderabad, the same procedure as stated above has to be followed.

Hi

1. The POA you make by the concerned consulate attestation outside country have to be attested by a notary in India before submission.

2. Since the document is to submit before the court , at the time of filing the Mutual consent Petition , the Registrar in the particular court will instruct the procedure to follow , at that time the registrar himself or any other authorized signatory in the court office can do the attestation or else they will ask to get it notarized with an Indian notary which can be done in the court premises itself . Advocates notary will be available in the court premise .

3. you have already got affirmation by concerned authority in Sydney , then nothing more needed , your lawyer/ representative in India can get it affirmed if needed .

I can get it varifief by the Indian embassy..the divorce is going to be on mutual consent, so u may have to come at the 2nd motion.. The jurisdiction lies in Hyderabad also..

My first question is does the POA need to be registered or verified by any other official in India again?

No, because according to section 17 of the registration act and order 4 of the cpc no need to register POA or authority letter in respect of appointment of a person to file litigation. the person who has POA must acquainted with the facts and circumstances of the case and be able to give answer of any question asked by the court.

Q.My document has been signed and stamped by a Sydney based nottery and currently being signed by the Indian Consulate in Sydney .I just want to be sure that once the POA is dispatched to India there is no other signature required

A. in this condition no further authentication is required in India. once document is authenticated by an officer of Indian consulate it shall be presumed u/s 114 evidence act that it has been authenticated in India by competent authority. no other signature is required.

The POA deed executed by you in the foreign country to be notarized by a notary of that country shall be sufficient, there may not be a necessity for registering POA executed in a foreign country for the purpose of matrimonial cases.

The places where divorce petition can be filed is; place of marriage,; place where both last resided together or the place where the wife is currently residing.

The attestation by a notary in Sydney itself is sufficient, you require nothing more than that.

Hello,

POA holder will have to go the registrar office and the sub-registrar will put his stamp on the said POA, pursuant to which the POA will be valid. This is done in accordance with S. 17 of the Indian Registration Act, 1908.

But please also confirm that can the POA work for the first day of hearing, because as per the usual court practice in India on the first day of hearing the husband has to appear before the concerned court.

Regards

once the POA is dispatched to India there is no other signature required in India and holder of power of attorney can act on behalf of you.

Dear Querist

as the POA has been Notarized and verified by Indian Consulate then there is no requirement for Apostle of Documents but it will be better to contact to DM office and pay the Apostle Fee and get Stamped the same if required by the Court otherwise there is no Need.

Feel Free to Call

1. MCD or any divorce petition can not be filed through POA holder.

2. If it was not possible for you to come to India to file the MCD petition, you could have signed the petition before the appropriate officer of Indian Consulate and have sent it to India along with your wife to file the same before the Court. You can follow this procedure next time when this MCD petition is refused to be filed by the Court since no Advocate wioll sign the Vakalatnama since you have not signed the same before the Advocate.. Similarly, the said MCD petition can not be notarised in your absence before filing the same.

3. Both of you shall have to appear before the day of the 2nd motion when the decree of divorce will be issued.

4. You can file it any where where you or your wife has address proof.