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 mat

Click Here to Read the rest of this document