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2006 Supreme(Ker) 794

K.A.ABDUL GAFOOR, K.R.UDAYABHANU
Puthiyapurayilo Abdul Salam – Appellant
Versus
P. P. Mariyumma – Respondent


Judgment :-

Abdul Gafoor, J.

A petition was filed before the Family Court by the husband represented by his father, the power of attorney holder to set aside the ex parte order and to prosecute the petition representing through the power of attorney holder. The reason for dismissal of the petition is that "the petitioner is not at all having any locus standi to file either an application to permit him to represent the counter petitioner on the strength of a power of attorney or to pray for setting aside the ex parte order passed against the counter petitioner in M.C.No.443/03". When the party was away abroad, necessarily his duly constituted power of attorney holder can represent him for the purpose of prosecuting the case and to seek to set aside the ex parte order. Those should have to be decided on merit. In case, the presence of the husband is required for counselling or conciliation, necessarily at that time his presence can be insisted.

2. Permission to be represented in a suit by a duly consiuted power of attorney does not disable in any manner, the court to pursue efforts for settlement of a case as provided in Section 9 of the Family Courts Act 1984. Of course, in terms of S

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