K.M. Joseph, J.

1. Petitioner has filed this original petition under Article 227 of the Constitution seeking the following prayer:

“(a) to issue a writ of mandamus or other appropriate writ, order or direction directing the Family Court, Kannur to receive the OP filed on behalf of the petitioner through his Power of Attorney Holder and number the same without insisting appearance of the petitioner in person at the time of filing the petition by setting aside the order Exhibit P-3.”

2. Briefly put, the case of the petitioner is as follows:

Petitioner is the husband of the respondent. The marriage between the petitioner and the respondent was solemnized on 17.8.2008. The relationship between the petitioner and the respondent was totally at wreck and the cordial relationship with the respondent was impossible. Petitioner filed an application under Section 13(1)(a) of the Hindu Marriage Act on the ground of cruelty. Ext.P1 is the unnumbered petition. Petitioner is employed abroad. He filed Ext.P2 petition purporting to be under Rule 22 of the Civil Rules of Practice, Kerala praying that he may be permitted to appear through a Power of Attorney Holder who is his father. The said prayer has been rejected. Ext.P3 is the order written on the reverse side of the petition. On the basis of Ext.P3, the office has also returned the unnumbered original petition as is evident from the endorsement on the reverse side of Ext.P1.

3. We heard the learned counsel for the petitioner. Learned counsel for the petitioner would submit that the impugned order passed by the Family Court cannot be sustained. He would draw our attention to Section 10 of the Family Courts Act, 1984 which reads as under:

“10. Procedure generally. – (1) Subject to the other provisions of this Act and the Rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a Civil Court and shall have all the powers of such Court.”

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Learned counsel for the petitioner, further drew our attention to Rules 3 and 4 of the Family Courts (Kerala) Rules, 1989 made under Section 23 of the Family Courts Act, 1984 by the Government in consultation with the High Court of Kerala.

Rule 3 of the Family Courts (Kerala) Rules, 1989 provides that all proceedings instituted before the Family Court shall be by way of petition, however, in respect of applications under Chapter IX of the Code of Criminal Procedure, 1973, the provisions of that Code will apply.

Rule 4 reads as under:

“4. Filing of Petitions. – Every petition or application shall be accompanied by as many clear authenticated copies thereof as there are respondents to be served and by three additional copies for the use of the Court and by such papers as are referred to in the petition or application. Once copy of such petition or application shall be forwarded by the Chief Ministerial Officer of the Family Court to the Principal Counsellor.”

Thereafter, the learned counsel for the petitioner further invited our attention to Rule 5 of the Family Courts (Procedure) Rules, 1989 made by the High Court in exercise of the powers conferred by Section 21 of the Family Courts Act, 1984. Rule 5 reads as follows:

“5. Institution of proceedings. – (i) Every case will be instituted in the Court of the Principal Judge, or the Court of such other Judge as may be designated by the Principal Judge (or by sending a plaint, petition or application by registered post acknowledgment due to such Judge)

(ii) The Court to which a case has been allocated will be indicated in the list to be displayed in the notice board of the Court where it was instituted. The list will indicate when the party instituting the case is requir