Order vii rule 11(d) of cpc in mcd
c. shah...
(Querist) 11 June 2013
This query is : Resolved
The power of attorney from foreign country for mutual consent divorce case u/s.13b is made by wife by notarised through public notary of canada only and/but not authenticated by consulate general of India of foreign country.so, the power of attorney is not valid in the eye of law. now, husband does not want divorce. Can husband use the point of invalid power of attorney for rejection of MCD petition under Order VII rule 11(d) of CPC 151 although it is case of mutual consent divorce?
V R SHROFF
(Expert) 11 June 2013
Husband can easily withdraw his consent:
Why Complicate matter?? Why go for O7 R11
MCD cannot be allowed,
He will not be Divorced.
Simple.
Raj Kumar Makkad
(Expert) 12 June 2013
The question of validity of GPA is always open to husband and even to the court so it can definitely be objected by husband if he wants to be shown as ready for divorce but objecting the intention of the wife.
