Order vii rule 11 of cpc in mcd

c. shah... (Querist) 11 June 2013 This query is : Resolved
The power of attorney from foreign country for mutual consent divorce case u/s.13b is made by wife by notarised through public notary of canada only and/but not authenticated by consulate general of India of foreign country.so, the power of attorney is not valid in the eye of law. now, husband does not want divorce. Can husband use the point of invalid power of attorney for rejection of MCD petition under Order VII rule 11(d) of CPC 151 although it is case of mutual consent divorce?

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Adv Archana Deshmukh (Expert) 11 June 2013
The husband can simply withdraw his consent before the 2nd motion, and the court will dismiss the petition.

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