Hma 13b without the parties physical presence as settlment in hc appeal
Yaaros
(Querist) 22 May 2016
This query is : Resolved
Can I convert the appeal(divorce case) pending in HC court in to mutual divorce(13b) without my physical presence in court during 13b proceedings? I'm ready to give power of attorney to my advocate or someone else to convey my consent during 1st and 2nd motion of 13b.
I know its not normal procedure but would like to know whether the HC judge, in his discretion and based on my request, can give the family court such a direction while converting the appeal into 13b taking in to consideration that both parties had already gone through those conciliation proceedings.
SAINATH DEVALLA
(Expert) 23 May 2016
U can pray to the HC to convert the divorce appeal into an MCD,as both the parties have come to a compromise to get separated mutually.But physical presence of both the parties is mandatory and it cannot be done by a proxy.
Rajendra K Goyal
(Expert) 23 May 2016
In mutual consent divorce, physical presence is required.
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
You can approach the trial/family court itself for converting the contested divorce case into mutual consent divorce case.
However you cannot request the family court or the high court to dispense with your presence for moving the motions for this proposed MCD.
Alternately you can give a special power of attorney deed to your power agent to represent you on the first motion alone, but for the second motion, to confirm your decision for this divorce, you are required to be present in person before the court. This cannot be dispensed.
