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2020 Supreme(Kar) 1855

B.V.NAGARATHNA, N.S.SANJAY GOWDA
Aditya Jagannath – Appellant
Versus
Nil – Respondent


Advocates:
Advocate Appeared:
Sri. M.S.Shyamsundar, Advocate

JUDGMENT :

1. This appeal was listed for admission yesterday and on hearing the learned counsel for appellants, there being no respondent in this appeal, it has been listed today for orders.

2. The appellants are husband and wife, who are aggrieved by the order of the IV Addl. Principal Judge, Family Court, Bengaluru, passed in M.C.No.1274/2020 by which, their application (I.A.No.3) filed under Order III Rule 2 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), has been rejected and as a result, the second appellant (petitioner No.2) before the Family Court i.e., wife has not been permitted to be represented by her father as her power of attorney, so as to prosecute the petition filed by the parties under Section 13B(1) of the Hindu Marriage Act, 1955 (hereinafter, referred to as "the Act", for the sake of convenience), through which the parties are seeking dissolution of their marriage by a decree of divorce by mutual consent.

3. We have heard learned counsel for appellants, Sri.M.S.Shyam Sundar and we have also heard the appellants, who have appeared through video conference.

4. At this stage itself, it may be mentioned that while the first appellant - husband, who has

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