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c. shah... (Service)     19 June 2013

Sec.13 of the family courts act, 1984

An application of conversion of petition from sec.13(1)(ia) to sec.13B(MCD) was signed and given by parties in family court. First party has given consent in MCD application by appeared in person and the second party has given consent in MCD application by appeared through power of attorney-his father. Now, as per section 13 of the family courts act, 1984, Notwithstanding anything contained in any law, no party to a suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner: Provided that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae. Thus, the party who has given consent in MCD has to appear in person and not through power of attorney holder. But, here, at the time of conversion and submission of the application, power of attorney holder is appeared behalf of party herself. Now, The Honorable Judge has given order of conversion of petition and written in the order as,” The parties are present and they both agree to convert the matter u/s.13B of H.M.Act to obtain divorce by consent. Hence, the parties are granted permission to convert the petition u/s.13B of H.M.Act. Amendment is carried out.”

Can first party appeal for dismiss the petition in family court u/s.13 of the family courts act, 1984 in family court because the other party was not appear in presence?


 2 Replies

ajay sethi (lawyer)     19 June 2013

1) the presence of other party would be necessary to verify the identity and consent . 2) since she has remained absent throughout the factual position could not be verified . 3) in such a case court ought to have insisted that video conferncing facility be availed wherein through webcam the counsellor could verify whether other party wanted divorce or not . 4) her father who is power of attorney holder could have identifed hs daughter . 5) court should then have passed order for conversion . 6) it is better that divorce be obtained by mutual consent . other wise you will spend years running around court for divorce . 6) if you so desire you can challnege the order pased by FC by writ 7) the high court may pass directions that video conferencing be availed to verify consent of other party for divorce by mutual consent
1 Like

Adv k . mahesh (advocate)     13 July 2013

as per the query it is clear that the POA is appearing if the other party insists that the defendant to be present in the court then the court may order her appearance if no one objects about it then the POA consent through her daughter will be taken in to confidence and the judgement will be delivered if the court finds any sought of calrification then the court will order apperance of the defendant personally 

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