Power of attorney in divorce

I am a Tanzanian married woman with two children. Due to my husband’s infidelity, our marriage has now become unbearable. Just as he will not accept sharing me with someone, I cannot accept sharing him with someone, this is not what marriage is about. To add to the trouble, my husband has a child with this woman. Do I have any rights on this child? I have also petitioned in Court for divorce through a power of attorney, which authorises my young sister in Dar to do the needful in order to obtain the divorce. The divorce is being contested by my husband. The trial Magistrate has refused to proceed with the case, demanding that I appear in person. Is this fair? Can the holder of the power of attorney not get me the divorce?
9 April 2012

We are unsure what you mean if you have a right on the child. Biologically, you are not the mother. The commonality here is that of your husband: he is husband to you and father to the child. You have no other connection whatsoever. Hence, you can have no right over the child. The child’s mother is the other woman in your husband’s life.

We now address the divorce issue. From the above, we are unsure what facts your petition contains as grounds for divorce. We suspect that the facts for and against the petition require one to appear and testify. It is commonly-known that the attorney of the petitioners is deemed to be competent witnesses. Hence, they can appear in Court on behalf of the party and do the acts as specified in the power of attorney.

The holder of the power of attorney can appear in Court as a witness in respect of facts which are in his or her knowledge. He or she cannot dispose in respect of facts which are not in his or her knowledge and knowledge of which has been delivered by him from the principal without testifying the facts himself.

It seems that the trial Magistrate believes your case involves facts which are within your knowledge, but which cannot be disposed of by your attorney. This would explain the requirement that you appear personally in Court. We do not think this demand is unfair. In the interest of settling this case quickly, you may want to consider appearing.