Compulsion of presence of applicant in uncontested divorce case

Law Querier (Querist) 26 March 2013 This query is : Resolved
Wife (applicant) from Canada filed a divorce petition u/s. 13 (1) (ia) in family court by made POA (power of attorney) to her father in India. Husband (Opponent) does not want divorce. The following stages are already completed in Court: 1.petition filed from applicant side by her POA 2.Reply given by Opponent 3.Evidence presented from applicant side by her POA 4.Cross Examination of applicant (wife) presented by her POA (wife’s father) 5.Evidence presented by Opponent. Now, the next stage is Cross examination of Opponent. Husband had already describe in his reply that wife be presented in court. I heard many times that applicant’s presence is compulsory in cross examination in uncontested divorce case. But, in this case, wife’s father as a POA had presented in cross examination instead of wife herself. POA (wife’s father) also presented in each date of the case. Does Cross examination of applicant presented by POA is legal in the eye of law? Husband (Opponent) wants to oppose about this. What can Husband do in this condition? In which section/law, it describe that applicant’s presence is compulsory in cross examination of uncontested divorce case though he/she has made POA?

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ajay sethi (Expert) 26 March 2013
repeated query /

Law Querier (Querist) 26 March 2013
Ajay sir..Pls read complete query...this is different query.

Raj Kumar Makkad (Expert) 26 March 2013
If the questions from the husband/respondent side do require personal knowledge of the petitioner wife then the evidence of her father or any person cannot compensate this legal requirement. A respondent has got every right to make questions to the personal knowledge of her wife especially in such matrimonial disputes.

In the given case, as the husband has already moved his application to direct POA holder to produce the petitioner in person so that he may put certain questions to her and even then it she is not appearing therein then its entire benefit shall go to respondent/husband and case shall get dismissed.

There are many judgments over this subject.

Law Querier (Querist) 26 March 2013
Thank you makkad sir.Can you provide few judgments over this subject? so, that I can understand properly and go ahead..

Raj Kumar Makkad (Expert) 26 March 2013
Most welcome for your appreciation but search relevant judgments from www.indiankanoon.org as some labour is also expected from your side.