
doi: 10.2139/ssrn.3899131
The Hindu Marriage Act, 1955 (HMA in short) contains two specific provisions which deals with divorce between two adults, Section (13) which talks about “Divorce” or in common words “Contested Divorce” and Section 13(B) which deals with “Divorce with Mutual Consent”. Though the nature of petition, requirement of proof, time frame prescribed, and manner of conducting proceedings in both class of cases are different but a common question arises that whether parties are entitled to initiate and continue such proceedings through an appointed “Authorized Person/Power of Attorney Holder (POA in short)” duly appointed in terms of Section 2 of “Power of Attorney Act, 1882 as prescribed under Order 3 Rule (1) & (2) of code of Civil Procedure Code, 1908 like any other civil litigation, or parties to divorce proceedings are duty bound to appear in person to file, contest, make statement, lead evidence and settle their dispute without any right to be represented by their representative like family members, close friends, well-wishers or any other person/agent who holds Power of Attorney to act on their behalf.
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