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,only wife's name is mentioned as a applicant and there is not details about power of attorney .Then, the converting application was signed by father of wife 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?
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 withdraws his consent then threre is a possibility of not granting withdrawal by family court and suppose withdrawal grants by family court 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 to withdraw of MCD petition.that's why he is treating the case by this way.
