Refusal of permission to one party to be represented by a counsel while allowing the other party is a violation of natural justice.

R. V. RAVEENDRAN, J.

( 1 ) THE second respondent is the husband and the petitioner is the wife. The husband filed MC No. 401 of 1998, on the file of theprincipal Judge, Family Court, Bangalore, against the wife, under Section 13 of the Hindu Marriage Act, 1955 for divorce, on the ground of desertion and cruelty. The husband sought leave of the Family Court to be represented through a counsel. Accordingly the Court permitted the husband to be represented by counsel from the inception of the case.

( 2 ) ). At the time when the divorce petition was filed, the wife was staying at Mumbai, with her parents. The Family Court issued a notice to her to her Mumbai address, calling upon her to appear before the Court on 3-8-1998. By then the wife obtained a job in USA and left the country in July 1998 itself. The notice of the proceedings was served on the wife's father.

( 3 ) THE wife made two applications before the Family Court on 12-11-1998--IA II under Section 13 of the Family Courts Act, 1984 (for short, the Act), seeking leave of the Court to engage an Advocate; and IA III under Section 151, C. P. C. , read with Section 13 of the Act, for dispensation of her personal presence in the matter till July, 1999. The husband resisted both the applications.

( 4 ) THE Family Court by a common order dated 24-11-1998, dismissed both the applications and ordered that the case be listed on 19-12-1998 for the appearance of the wife (respondent before the Family Court ). The Family Court held that in a proceedings before it, the respondent will have to appear in person and then obtain leave of the Court to engage a counsel; and without appearing in person a respondent in a divorce petition can neither seek permission to engage, nor engage the services of a Legal Practitioner. In regard to IA III, it held that it is necessary to attempt reconciliation before the matter is proceeded with and unless the party appears, reconciliation is not possible; and therefore, there is no justification for seeking exemption from personal appearance till July, 1999.

( 5 ) AS a consequence of rejection of the two applications, the matter will be proceeded ex parte, as the wife will not be able to appear in person on the next date of hearing fixed for her appearance. Feeling aggrieved, the petitioner herein (wife) has filed this petition and sought quashing of the order dated 24-11-1998, rejecting IAs II and III.

( 6 ) A preliminary objection is raised by the learned counsel for the second respondent (husband) on the ground that a writ petition is not maintainable against an order on an interlocutory application, passed by a Family Court. Normally, this Court will not entertain writ petitions against interim orders of the Family Courts. But, a writ petition may be entertained when the order is made without jurisdiction or in violation of principles of natural justice or specific provisions of a statute, or is arbitrary and unreasonable leading to failure of justice. Having regard to the questions involved, it cannot be said that the petition is not maintainable. 6. 1. The following questions arise for consideration : (A) Whether a party cannot seek exemption from personal appearance and permission to engage counsel, unless he/she appears in person before the Family Court. (B) Whether a respondent who is unable to appear personally or who does not appear personally, has no right to contest a proceeding before Family Court. (C) Whether the Family Court having granted permission to the petitioner before it, to engage a Legal Practitioner, deny such permission to the respondent in the same proceedings.

( 7 ) SECTION 10 of the Act, provides that subject to other provisions of the Act and the Rules, the provisions of Civil Procedure Code, 1908 and of any other law for the time being in force, shall apply to the proceedings before a Family Court and the Family Court shall be deemed to be a Civil Court for the purposes of the Code and shall have all the powers of such Cour

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