Mistake in application of converting petition to mcd

c. shah... (Querist) 19 June 2013 This query is : Resolved
Earlier, Wife had filed a petition u/s.13(1)(ia) of H.M.Act through power of attorney of her father.Now,Wife has given power of attorney to her father for proceeding of MCD in family court. In the application of converting petition from sec.13(1)(ia) to sec.13B of H.M.Act,wife's name is mentioned as a applicant but there is no name of power of attorney holder(wife's father).Then, the converting application was signed by wife's father and husband himself. Now, the judge has granted permission/order to convert the petition from sec.13(1)(ia) to sec.13B of H.M.Act. Can husband challenge the order passed by family court by showing that there is no name of power of attorney holder(wife's father) in converting application but the application is signed by wife's father? How?

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Nadeem Qureshi (Expert) 19 June 2013
Dear Querist
what is the main purpose to know this thing?
if there is a mutual consent to get divorce then no need to think about all these things.

Devajyoti Barman (Expert) 20 June 2013
Yes, if you want divorce then let it go. Else just retract your consent for MCD. There is no need for highlighting these issues.

c. shah... (Querist) 20 June 2013
The main purpose of husband does not want to divorce.The fact of the matter is that the consent of husband had taken under threat of police case and the mcd agreement/MoU shows that husband is in obligations of wife and consent of husband .Husband can't prove the threat.And,if husband withdraw his consent, there is a possibility of not granting withdrawal consent by family court and suppose, family court grants withdrawal then there is a possibility of wife to go at high court and high court may reject the withdrawal of husnband in MCD.Husband does not want to risk for withdrawal consent in MCD.that's why he is treating the case by this way.