Order 3 rule 1 of cpc and sec.13 of the family courts act in mcd

Law Querier (Querist) 18 June 2013 This query is : Resolved
Q-1.Can one party apply order 3 rule 1 of cpc and section 13 in the family courts act in Mutual Consent Divorce in family district court if other party appear in family court by power of attorney in mutual consent divorce procedure?
Q-2.out of both procedures(proceed for first motion of MCD or proceed for application under order 3 rule 1 of cpc and sec.13 of the family courts act),Which procedure court preferred first?
Q-3.Can court insist the another party to appear in person in first motion of MCD(instead of power of attorney holder) if order 3 rule 1 of cpc and sec.13 applied by one party?

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Nadeem Qureshi (Expert) 19 June 2013
Dear Chirag
its depend on the court, read the Order 3 rule 1
1. Appearances, etc., may be in person, by recognized agent or by pleader-

Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:

Provide that any such appearance shall, if the Court so directs, be made by the party in person.