wife (applicant) from Canada filed a divorce petition u/s. 13 (1) (ia)in family court by made POA (power of attorney) to her father. Husband does not want divorce.The following stages are already completed in Court: 1.petition filed from applicant side by her POA 2.Reply given by Opponent 3.Evidence presented from applicant side by her POA 4.Cross Examination of applicant (wife) presented by her POA (wife’s father) 5.Evidence presented by Opponent. Now, the next stage is Cross examination of Opponent. Husband had already describe in his reply that wife be presented in court. I heard many times that applicant’s presence is compulsory in cross examination in uncontested divorce case. But, in this case, wife’s father as a POA had presented in cross examination instead of wife herself. POA (wife’s father) also presented in each date of the case. Does Cross examination of applicant presented by POA is legal in the eye of law? Husband (Opponent) wants to oppose about this. What can Husband do in this condition? In which section/law, it describe that applicant’s presence is compulsory in cross examination of uncontested divorce case though he/she has made POA?
