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2011 Supreme(Ker) 562

K.M.JOSEPH, M.L.JOSEPH FRANCIS
Kunhi Purayil Mukundan Naveen – Appellant
Versus
Anjalika Dinesh – Respondent


Advocates Appeared:
For the Petitioner:Mrs. T.D. Rajalakshmi, R. Sreehari, Advocates.
For the Respondent: ----

JUDGMENT


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 s








































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