Baadal khurana (none) 29 October 2014

Mcd via poa holder hma13b

One party is located in india. Other party is not in India.

MCD as per HMA13B filed.

After 3 months reconcilation meeting schedule but one of the party was not present.

After 6 months, in front of family court judge, Indian party and POA holder of other party signed statements that both parties want to separate and there is no hope for saving marriage.

Now party located abroad is required to give statement via video conference.

What happens if party located doesn't appear via video conference on scheduled day ? Can ex-parte divorce a possibility in this case ? Can any party change statement even though statement was given in front of judge in writing ?

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1 Replies

Tajobsindia (Senior Partner ) 29 October 2014

@ Author,

1. In a tricky way you are asking question. Video conference permission is only given when at both outputs locations - sites such facilities exists. If it has been allowed assuming it to be true then there is no excuse that other party now cannot submit via video conference and the whole purpose of gets defeated.

2. In such events the PoA should have been father - mother of other party as PoA holder appointed with whose Statement second motion can also take place but one has to remove video conference allowance first from record as it will lead to confusing the ld. Court is my view.

3. Referring to your last question on resileing from statement made by either party, yes it is possible to resile in MCD but if promised 'consideration(s)' have been fulfilled by the other party to first party and the first party has accepted the 'consideration' then same is taken as consent of first party who is claiming to resile now and then ld. Trial Court proceeds with allowing MCD or if not then approach superior court where such resile from statement after taking considerations are not taken lightly and there the MCD is allowed.

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