Special Power of Attorney (sPOA) in India: A Complete Guide

Ever wondered how NRIs manage legal matters in India from thousands of miles away? Meet the Special Power of Attorney (sPOA) - a legal tool that’s precise, powerful and perfect for specific tasks. Let’s dive into what it is, how it works, and why it’s a game-changer.

What is a Special Power of Attorney?

Imagine you’re an NRI living in Dubai and you need someone in India to file your mutual divorce petition. You can’t fly back every time there’s a hearing. So what do you do? That’s where a Special Power of Attorney (sPOA) comes in.

A Special Power of Attorney (sPOA) is a legal document through which an NRI gives specific authority to a close relative to represent them in a family court proceeding in India. This is particularly helpful in cases like:

  • ✔Mutual Consent Divorce under Section 13B of the Hindu Marriage Act
  • ✔Maintenance proceedings
  • ✔Child custody matters
  • ✔Family court procedural hearings

The relative appointed through the sPOA can appear before the court, file or collect documents, and carry out court-related formalities on behalf of the NRI.

sPOA for NRI Divorce

Who Can Be Appointed as an sPOA in Family Matters?

In family litigations, Indian courts strictly require that the person appointed as sPOA be a close relative of the NRI. Examples include:

➜
Parents (father or mother)
➜
Siblings (brother or sister)
➜
Uncle (chacha, mama, tau, mausa)
➜
Aunt (bua, maami, chachi)
➜
Cousins (first or second cousins)

Important: You cannot appoint a friend or an advocate as your sPOA in a family case. Courts are very particular about this, especially in mutual divorce proceedings, where the consent must appear genuine and not influenced by outsiders.

How to Execute an sPOA from Abroad for Family Court Cases

Here’s a step-by-step guide for NRIs to create and use an sPOA in India for Family Matters:

  1. Draft the sPOA

    The sPOA should:

    • Clearly state the names and details of the NRI and the appointed relative
    • Mention the specific family court matter (e.g., mutual divorce under HMA Section 13B)
    • List the acts the attorney can perform (such as appearing for hearings, signing documents, etc.)
    • Be limited only to that particular case
  2. Get the sPOA Attested Abroad

    Get it notarized by a local notary in your country or attested by the Indian Embassy or Consulate.

  3. Send the sPOA to India

    The original sPOA should be sent via courier to the relative who has been appointed as the attorney.

  4. Stamping/Adjudication in India

    Get it notarized by a local notary in India.

Role of sPOA in Mutual Divorce Cases

In a mutual consent divorce, both parties must usually appear twice before the court:

  • ✓ First motion – when they file the joint petition
  • ✓ Second motion – after the cooling-off period
  • ✓ If one spouse is an NRI, they can skip personal appearance by:
    • ➜ Executing a Special Power of Attorney (sPOA) in favor of a close relative
    • ➜ Requesting the court to permit appearance through video conferencing (optional, subject to court discretion)
  • ✓ The court will accept the sPOA only if the appointed person is a blood relative or close family member.

These steps ensure couples can efficiently manage NRI mutual divorce proceedings without the need for travel to India.

FAQs About sPOA in Family Litigation

  • ➜ Can I appoint a friend or my lawyer as my sPOA in a mutual divorce case?

    No. In family court cases, courts allow only close relatives to act as sPOA holders. Friends or advocates are not permitted to represent an NRI spouse through sPOA.

  • ➜ Can I give my testimony or evidence through my sPOA holder?

    No. Your SPA holder can attend routine hearings and procedural matters, but cannot give evidence or be cross-examined on your behalf. For such stages, your physical or virtual appearance may be required.

  • ➜ Can both spouses appoint separate sPOA holders in a mutual divorce?

    Yes. If both are NRIs, each spouse can appoint a different close relative through sPOA to represent them during mutual consent divorce proceedings.

  • ➜ Can a video call be used in place of sPOA?

    Some courts may allow video conferencing for one or both motions in a mutual divorce, but it is entirely at the discretion of the judge. sPOA remains the safer and more accepted route.