Cancel agreement of m.c.d. as p.o.a. is invalid
Dipak
(Querist) 24 July 2013
This query is : Resolved
A husband from foreign country had given power of attorney to his father for doing all acts necessary for dissolve marriage by filing petition for mutual divorce. The notarized stamp paper agreement of mutual consent divorce has made between wife in person & husband (-through power of attorney holder).The POA holder of husband has done his signature in agreement and notary behalf of the husband. After that, wife & POA holder of husband both have presented petition u/s.13B of H.M. Act in family court. Now, Wife does not want divorce and wife has come to know that the power of attorney given by husband to his father is not valid as per law. So, wife wants to cancel the notarized agreement of mutual consent divorce by showing the reason that POA is not valid as per law. Wife is known well that there is no validity of notarized stamp paper divorce in the eye of law but still she wants to cancel the notarized agreement of mutual consent divorce on the ground of invalid power of attorney.
Que-1: How can she cancel the notarised agreement of M.C.D. made between wife and husband (-through INVALID power of attorney holder)?
Que-2: Can she approach to civil registrar (Nazar) OR put claim/case in court for cancels the notarized agreement of mutual divorce proving that POA is not valid as per law?
ajay sethi
(Expert) 24 July 2013
wife can always with draw her consent before divorce decree is passed . she simply has to make application that she does not want divorce . unless both parties agree no divorce by mutual consent will be granted by the court after the cooling period of 6 months
Dipak
(Querist) 24 July 2013
@Sethi sir,
Thank you... The way of withdrawal of consent is known. Is there no any legal procedure to cancel the notarised agreement made as POA is invalid?
