NRI HUSBAND: YOUR POA CAN SPEAK WHEN YOU CANNOT

आप USA में हैं।

आपका matrimonial matter India में चल रहा है।

Advocate कहता है:

“Sir, Power of Attorney बना दीजिए. You don't need to come to India for everything.”

Sounds convenient.

But stop.

Do you actually know what authority you are giving?

A recent Gujarat High Court judgment dated 9 March 2026 provides a very important case study.

In Palakben Ravi Luni & Anr. v. None, R/SCA/2494/2026, the husband was residing in the United States.

The matrimonial proceedings had been filed through his duly constituted Power of Attorney holder.

He had also undertaken to participate through video conferencing.

The problem came when the Family Court rejected his request to participate in the conciliation proceedings through VC.

The matter reached the High Court.

And the High Court ultimately quashed that Family Court order.

The Court noted the actual circumstances:

The parties had separated within a few days of marriage.

The marriage had not been consummated.

Nearly one and a half years had passed.

The wife had waived her claim to alimony.

Efforts at reconciliation had already failed.

Yet the NRI husband was being required to travel from the USA merely to participate in the conciliation process.

The High Court held that compelling him to travel from abroad solely for that purpose would be:

“unfair and unreasonable.”

Now look at the bigger lesson for an NRI husband.

The problem is not that a Power of Attorney is inherently wrong.

The problem is blindly giving someone authority over your matrimonial litigation without understanding exactly what that authority covers.

Before signing anything, ask:

What can my POA holder sign?

Can he give an undertaking?

Can he make a statement?

Can he negotiate?

Can he accept settlement terms?

Can he participate in mediation or conciliation?

Can he make concessions regarding maintenance, property, children or other claims?

Can he engage another advocate?

Can he receive notices?

Can he take procedural decisions without speaking to me first?

And most importantly:

Will I receive a copy of every document, statement, application, settlement proposal and undertaking submitted in my name?

क्योंकि आप विदेश में बैठे हैं।

लेकिन आपके नाम से India में क्या record बन रहा है, यह सबसे महत्वपूर्ण सवाल है।

Never treat:

Vakalatnama + Power of Attorney + Mediation + Conciliation + Undertaking

as mere paperwork.

For an NRI husband, a document signed thousands of kilometres away can become part of a proceeding thousands of kilometres away.

And once something has been recorded as your authority, consent, undertaking or representation, “मुझे पता नहीं था” may not be the strategy you want to depend upon.

Through MenCell.Org, built over nearly two decades, I use judicial activism, RTI activism and other lawful methods to examine procedural problems and build a case strategy.

If you are an NRI husband facing a CAW Cell notice, matrimonial case, Court notice, mediation, counselling, conciliation, settlement discussion, Vakalatnama, Power of Attorney or an advocate who is asking you to sign documents without giving you complete clarity, don't wait until the document becomes a problem.

Paid one-to-one consultations are available through Google Meet.

I can also visit your home, office or another convenient location across Delhi & Delhi NCR.

Appointment booking and WhatsApp consultation are available through MenCell.Org.

WhatsApp: 9873540498 — message only to book an appointment.

पहले authority समझिए। फिर sign कीजिए।

Because when you are sitting abroad, your signature may travel farther than you do.

Case Study:
Palakben Ravi Luni & Anr. v. None
R/SCA/2494/2026
Gujarat High Court
Decision: 9 March 2026
Neutral Citation: 2026:GUJHC:17292
Previous Post Next Post