🏛️ Can a Mother Represent Her Son in a DV Case Through Power of Attorney? The Law Says No — Here’s Why

By Adv. C.V. Manuvilsan

Senior Partner, Lex Loci Associates

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Can a co-respondent or family member hold Power of Attorney to represent you in a Domestic Violence or Section 125 CrPC case?

 Learn the legal position, the statutory bar, and the safe alternatives — explained in plain language.

1️⃣ Interesting – The Hook
A mother and son are both accused in a Domestic Violence case filed by the son’s wife.

The son is about to leave for a job abroad.
In good faith, he signs a Power of Attorney (POA) authorising his mother to stand in court for him.
But here’s the shocker — the court will not allow it.

2️⃣ Informative – The Law Behind the Curtain
The Statutory Wall
In DV and criminal cases, only two people can speak for you in court:

Why Consent Doesn’t Cure the Problem

The Conflic of Interest Trap
Courts reject such arrangements to prevent:

Same Rule in Section 125 CrPC Cases

3️⃣ Interrogative – The Questions That Matter

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Safe, Lawful Alternatives for A2

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Do you think this strict rule protects fairness, or should close family members be allowed to represent loved ones in such cases?
Share your thoughts — your opinion might spark a legal reform conversation.

Imagine this:

It sounds sensible, doesn’t it?

• DV Act, Section 28(2) – says only “a party or his pleader may appear before the Magistrate.”

• CrPC, Section 2(27) – defines pleader as a practising advocate authorised by vakalatnāma.

• CrPC, Section 304 – prohibits anyone other than a pleader from acting for another in a criminal proceeding.

Translation:

1. You yourself.

2. A licensed advocate engaged by vakalatnāma.

There’s no legal slot for a layperson, even a family member, to represent you by POA.

Even if the son and mother sign a “no conflict” declaration:

• The law is mandatory and cannot be waived by private agreement.

• Courts must enforce it to protect the integrity of proceedings.

A co-respondent is, by definition, in a legally adverse position — they might need to take a defence that doesn’t align with yours.

• Collusion.

• Procedural irregularities.

• Prejudice to the complainant’s rights.

In maintenance proceedings under s. 125 CrPC:

• Only the party in person or an enrolled advocate can appear.

• A POA to a non-lawyer is equally invalid.

If the law bars POA representation in court, what can you do?

• Hire an Advocate: Engage a practising lawyer to represent you in all hearings.

• Seek Exemption: File under s. 317 CrPC for exemption from personal appearance or video-conferencing while abroad.

• Limited POA: Give your mother authority only for administrative tasks (getting certified copies, filing papers), excluding court appearance or argument.