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Divorce through Power of Attorney

Authors: Jatin Rajput Jatin;

Divorce through Power of Attorney

Abstract

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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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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