Can I appeal for adjournment of the final date?
I, along with my husband, had filed for 13B mutual divorce on 22nd January 2016 in our home town.
We were called for the first counselling during the month of Feb '16. Then a second counselling date was given on 15th July which both of us attended after which the final decree date was given on the 30th of July, i.e; today.
The issue is that I have been working in another state since the last 2.5 yrs. I had taken leave from my demanding institute during all the prior court visits and unfortunately my leave limit was met and so, I had to reluctantly come back to work on 23rd July. Prior to leaving my home town, we were advised by some advocates to appoint a POA (power of attorney) to appear in the court on my behalf with my husband. I got the affidavit legally signed by the Oath Comissioner as well and appointed my own elder brother as my POA.
So, my husband along with my brother attended today's hearing and the Judge surprisingly ruled out my POA and further gave a date on 27th August, which of course, I will not be able to attend due to my job.
Further, I was informed by my husband that the Judge told him that if I fail to attend the hearing on 27th August, she will cancel our divorce case.
I am stumped!
If I am not wrong, I think from the date of application of the case, a total of 18 months are given as interregnum (Section 13B sub-section (1).
In our case, the case opened on 22nd Jan 2016, so our case can be dealt with anytime till 22nd July 2017, right?
I will be going to my home town in the month of November. So, is it possible for me/ my husband to appeal for an adjourning date for this November?
I have been away from home and working in a different state since the last 2.5 yrs during which both my husband and I have not been together physically, emotionally or financially.