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NRI Divorce Law Special Provisions

NRI clients are frequently unable to physically attend court in divorce proceedings and are concerned about the case's progress. Transparency, dependability, and best-in-class legal services/online legal opinions are what they seek and demand. With their genuine concerns in mind, courts are now pro-actively adapting and using technology for the recording statements/evidence through video conferencing portals.

NRI clients after verifying their identity can get recorded their statements in mutual consent divorce while residing in a foreign country in order to avoid unnecessary traveling merely for giving statements in the court. The official websites of the District Courts and High Courts regularly provide case updates to ensure transparency of the day-to-day proceedings of the court working to the litigants.

Nowadays even lawyers are opting for video conferencing sessions through Google meet, Zoom meetings, Cisco WebEx, and WhatsApp for legal consultations and discussions building a strong attorney-client relationship through frequent face-to-face encounters, that leads to effective and result-oriented solutions for the NRI clients.

Recording of statement through Video Conferencing:

Measures to ensure that our NRI clients can avail videoconferencing facilities that save the valuable time of the court as well as the parties should be adopted by the lawyers as well as the court. Family Court having regard to the facts and circumstances of the case can consider the probability of videoconferencing to sub-serve the cause of justice, and direct the parties to appear and get recorded their statements through video-conferencing in mutual consent divorce and contested divorce. Advocates should advise the NRI clients whenever such legal options are available.

Matrimonial proceedings through Special Power of Attorney:

Parties in marriage disputes, particularly NRIs, can be represented in court by a valid notarized Special Power of Attorney with apostille certification. The Code of Civil Procedure (CPC) contains a special provision that allows a petition to be submitted by a power of attorney holder. An application filed through a power of attorney can be heard by the Family Court.

Top matrimonial lawyers can use Special Power of Attorney to represent both the parties, husband, and wife, in issues such as Divorce, Maintenance Claims, Domestic Violence, and Child Custody so that the NRI clients do not have to come or visit the country on an urgent basis to attend court hearings. The provisions of CPC apply to matters that are entertained by Family Court as well.

Points to incorporate in Special Power of Attorney:

  • Reason to appoint Lawyer
  • Acts and Deeds for which the special power of attorney is given.
  • Authorization for putting signatures on behalf of the executor
  • Declaration that the attorney holder is conversant with the facts of the case.
  • Fixing the liability of the executor for the acts done by the attorney holder.
  • Ratification and confirmation of the act of the Attorney holder.

Criminal proceedings in matrimonial cases through Special Power of Attorney: -
Remedies available to the accused - The accused can be represented in the court through notarized Special Power of Attorney with apostille certification for obtaining anticipatory bail or quashing of FIR/complaint. Under the Code of Criminal Procedure (CrPC), there is no express bar to file cases through Special Power of Attorney. The accused especially, the

NRIs can seek the following relief before the courts through power of attorney

  • Anticipatory Bail;
  • Quashing of FIR on merits;
  • Quashing of summons/warrants;
  • Compromise Quashing of FIR
  • Quashing of Proclaimed Offender order& proceedings;
  • Directions to police for fair and proper investigation under 482, CrPC;
  • Releasing impounded/revoked Passport;
  • Suit for Defamation and malicious prosecution.

Remedies available to the complainant:

The complainant other than the offenses under 498A can be represented in the court through notarized Special Power of Attorney with apostille certification for directions to the police for registration of FIR. Under the Code of Criminal Procedure (CrPC), there is no express bar to file complaints through Special Power of Attorney.

The victims especially, the NRIs can seek the following relief before the courts through power of attorney

  • Directions to the police for registration of FIR u/s 156 (3), CrPC
  • Protest petition against cancellation of FIR;
  • Issuance of summons/warrants in FIR/complaint;
  • Suit for Defamation;
  • Impounding/revocation of the Passport;
  • Petition under 482, CrPC for declaring accused as Proclaimed Offender under CrPC;
  • Directions to police for fair and proper investigation under 482, CrPC.

Under the scheme of Code of Criminal Procedure (CrPC), the applicant, the wife can move a complaint under section 498A through her father, mother, sister, brother, father's or mother's brother or sister; or with the leave of the Court any other person related to the girl by blood marriage or adoption under the provisions on 198A, CrPC.

End-Note:
  • Divorce Law - https://www.thelawcodes.com/divorce-lawyers-in-chandigarh/
  • Hindu Marriage Act 1955 - https://www.thelawcodes.com/bare-acts/the-hindu-marriage-act-1955/
  • Special Marriage Act 1954 - https://www.thelawcodes.com/bare-acts/the-special-marriage-act-1954/

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