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?
