Wife (applicant) from Canada filed a divorce petition u/s. 13 (i) (1a) in family court by made POA (power of attorney) to her father in India. Husband (Opponent) does not want divorce. Wife had filed divorce petition before one year of marriage and she had made invalid POA. The POA was notarized by public notary of Canada instead of countersigned by Indian High commission/Consulate of Canada. Husband had mentioned these three points in his reply. 1). Divorce petition should not file before completion of one year of marriage u/s. 14 of HMA and 2). The power of attorney is not valid u/s 3 of the Diplomatic and Consular Officer’s act. 3). Wife be called to present in court to attend the divorce case. In each court date, wife’s father is presenting in Indian court. He put evidence against Husband and also appeared in cross examination. Now, Husband has also put evidence and on next day he will be present in his cross examination. My questions are 1) If divorce petition is applied before one year of marriage and opponent already mentioned in his reply than how can court keep continue the case? 2). There was already mentioned in opponent’s reply paper that the power of attorney is not maintained/ non valid according to law. Then, how can court granted to appear applicant’s father in court? 3).Can’t court order to present applicant instead of POA holder in court? I have asked these questions to my lawyer also. But, he replied that these is court proceeding. I want to know that is my lawyer’s telling is true? If it is not true than what can I do? Please. Thanks to read my query.
