JUDGMENT :

Kauser Edappagath, J.

A joint petition filed by the estranged couple for divorce by mutual consent u/s 13B of the Hindu Marriage Act, 1955 (for short 'HMA') before the Family Court, Thalasserry was not entertained citing reason that the husband was represented through his power of attorney holder.

2. The petitioners got married on 8/5/2011. A male child was born to them in the year 2013. But, their marital bliss did not last long. Marital dispute arose and the relationship strained resulting in institution of various legal proceedings before the Family Court and Magistrate Court from 2014 onwards. Later on in 2020, at the instance of the well wishers, mediation took place and the entire dispute was settled and an agreement was executed by the petitioners on 11/1/2020. Having realised that they cannot pull along any longer, the petitioners took a decision to separate. As per the terms of the said agreement, the petitioners decided, inter alia, to file a joint petition for divorce by mutual consent before the Family Court. Accordingly, the petitioners jointly filed a petition for divorce by mutual consent u/s 13B of the HMA before the court below. At the time of the instituti