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2010 Supreme(Mad) 5453

S.MANIKUMAR
Terance Alex – Appellant
Versus
Mary Sowmya Rose – Respondent


Advocates Appeared:
For the Petitioner:P. Prakash Paul, Advocate.

Judgment :-

1. The issue involved in this Civil Revision Petition is whether a Power of Attorney can represent a party to Matrimonial proceedings in Family Court.

2. Short Facts leading to the Civil Revision Petition are as follows:

After marriage, the Petitioner went to United Kingdom for his employment, leaving the Respondent-wife, at his parental house at Utchakkada. Subsequently, the Respondent also joined him on 01.03.2009 and that they were leading a happy life. On the request of Respondent’s father to meet her family members, she left United Kingdom on 14.05.2009 and reached Chennai. Due to the ill-advise of her father, complaints were lodged against the Petitioner under various non-bailable offences, with a motive to prevent him to come down to Chennai and meet her. Without any reasonable cause, she had withdrawn from her conjugal duties and therefore, the Petitioner was constrained to file a Petition before the Family Court at Trivandrum, Kerala for the relief of restitution of conjugal rights, appointing Mr. Manu as his lawful Power of Attorney agent. The said case is pending.

3. In the mean while, the Respondent filed a petition for Divorce in I.D.O.P. No.3447 of 2009.











































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