Can one party apply order 3 rule 1 of cpc and section 13 in the family courts act in Mutual Consent Divorce if other party appear in family court by power of attorney in mutual consent divorce procedure?
Law Querier (Service) 18 June 2013
Can one party apply order 3 rule 1 of cpc and section 13 in the family courts act in Mutual Consent Divorce if other party appear in family court by power of attorney in mutual consent divorce procedure?
Shantilal Pandya ( Advocate) 19 June 2013
Yes, the court can insist for personal appearance of the party and in a case of MCD proceeding the court may readily order such appearance.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 June 2013
agree with expert
Law Querier (Service) 19 June 2013
Continue query....Q-1.An application u/s.13b has converted. The first motion of MCD is pending. If a party apply under order 3 rule 1 of cpc and section 13 of the family courts act, does court give preference to proceed for first motion of MCD or give preference to proceed for application under order 3 rule 1 of cpc and sec.13 of the family courts act? Q-2.May 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 apply by one party and same is satisfied by court?
Shantilal Pandya ( Advocate) 21 June 2013
.Mr .Chirag,
Normally second motion should necessarily be made by personal appearance of the parties but if the court is made to understand that abscence at 2nd motion may not be excused, then the court would insist for personal appearance as it involves unhealthy and some times undesirable and risky consequences,