Petitioner does not present evidence on her evidence stage

The petitioner is not in India and never appeared in Family Court of India. The petitioner has filed a divorce case on cruelty gorund u/s.13(1)(ia) of Hindu Marriage Act through her power of attorney holder father. Her father has appointed Advocate according permission given in power of attorney give by petitioner. Now, on the stage of petitioner’s evidence, petitioner’s father has presented chief examination and evidences as a petitioner’s witness (PW2) without prior appearance in court by petitioner according to Order 18 Rule 3a of C.P.C, without obtained permission from court by petitioner himself according to section 32 of advocates act and without submitting the list of witness by petitioner according to Order 16 of C.P.C..  The Court has recorded chief examination and evidences given by petitioner’s father as a petitioner’s witness. Now more than two years has passed from beginning of petitioner’s evidence stage, Although Petitioner herself does not appear to present his own chief examination and evidences before court.

Question: Can respond file an application according to Order 17 Rule 3(a) of C.P.C.?before the Court for proceed to decide the suit forthwith because petitioner fails to produce evidence her evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit?


File application for presence of petitioner before court if court dismiss application then approach high court.


the queries are raised are only procedural. Anyhow, the PoA can depose on behelf of the petitioner, but on matters personal to the Petitioner.




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