A relative holding a power of attorney cannot automatically give evidence about matters known only to your spouse. The relative can testify about acts they performed and facts they personally know, subject to the applicable procedure. Authority to file or manage a case is different from personal knowledge of the marriage and the allegations being tried.
What does the power of attorney actually authorise?
Obtain the document and identify its scope. It may authorise filing, receiving papers or other acts, but that does not transfer the spouse's memory or personal experience to the holder. A general statement that the relative can do everything should not end the evidentiary enquiry.
In Janki Vashdeo Bhojwani v Indusind Bank, the Supreme Court distinguished acts performed by the attorney holder from matters within the principal's personal knowledge. The holder could speak to their own acts, but could not replace the principal's testimony about facts only the principal knew.
That principle needs to be applied to the particular matrimonial evidence. A relative who witnessed an incident may be a relevant witness. A relative who merely received a later account from the spouse is in a different position.
Which parts of the testimony should I examine?
Identify each disputed proposition and ask how the witness knows it. Were they present? Did they make the payment? Did they send the message? Are they identifying a document they handled, or repeating what the spouse told them?
For example, a parent may know that they transferred money or attended a meeting. They may not personally know what happened between the spouses in a private conversation. The assessment should be passage-specific rather than dismissing the entire witness merely because they are related.
Prepare the relevant pleadings, affidavit and documents with page references. The lawyer can then frame objections and questioning around the source of knowledge. A broad accusation that the witness is biased is less useful than identifying an assertion they could not have observed.
Does the Family Court's flexible evidence power change this?
Section 14 of the Family Courts Act gives the court a broad power to receive helpful material. Receipt does not mean that every statement has the same weight or that a power of attorney cures a lack of personal knowledge. The court still evaluates what the material establishes.
Ask how the spouse's own evidence will be placed before the court where necessary. If absence is due to residence abroad, illness or another obstacle, the court may consider an authorised arrangement under the applicable rules. The answer is not necessarily to exclude all evidence or demand physical attendance in every case.
Do not assume a relative's affidavit satisfies the personal consent required for a mutual-consent divorce. Consent and proof in a contested case raise distinct questions. The instrument's wording alone cannot answer both.
Can I ask to question the relative?
Raise the request through the court's procedure. If the person gives evidence on a disputed matter, the opportunity to test their account should be addressed. For evidence of a formal character by affidavit, Section 16 contains provisions concerning summoning and examining the person.
Keep questioning focused on knowledge, documents and contradictions. The purpose is to test the evidence, not punish the relative for helping a family member. If a document is relied on, ask about its source and whether the witness can identify it accurately.
Where the court limits questioning or accepts evidence over objection, ensure the relevant objection and direction are recorded. The availability of any later challenge depends on the actual order and procedural stage.
What should I avoid doing?
Do not treat absence alone as an automatic admission that your entire case is true. Courts assess the evidence and legal burden in context. Equally, do not accept the claim that signing a power of attorney makes the spouse permanently unnecessary as a witness.
Preserve messages or documents that show who actually performed the relevant acts. Avoid obtaining evidence through unauthorised access to the spouse's accounts. The divorce evidence guide explains those limits.
For broader context, see Family Court procedure and family-law information. The immediate task is to separate authorised procedural acts, personally observed facts and assertions that require the spouse's own evidence.