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2014 Supreme(Mad) 4587

S.VAIDYANATHAN, S.RAJENDRAN
R. R. PAUVYA – Appellant
Versus
C. KANAGAVEL – Respondent


JUDGMENT :

S. Vaidyanathan, J.

This Civil Miscellaneous Appeal arises out of the judgment and decree, in H.M.O.P. No. 977 of 2011, dated 07.02.2013 passed by the Family Court, Coimbatore, whereby the petition in I.A. No. 1151 of 2012 filed by the respondent/husband to reject the main HMOP 977 of 2011 filed on behalf of the appellant/wife by her Power of Attorney, one Kumarasamy for grant of divorce under Section 13(i-a)(i-b) of the Hindu Marriage Act, i.e. on the ground of cruelty and desertion, came to be allowed. The facts, in brief, giving rise to this appeal are as follows:

1.1. The appellant herein, has moved a petition in HMOP No. 977 of 2011 against her husband/respondent through her Power of Attorney, Kumarasamy for grant of divorce under Section 13(i-a)(i-b) of the Hindu Marriage Act, 1955, i.e. on the ground of cruelty and desertion.

1.2. The so-called Power of Attorney of the appellant is none other than her maternal grand father. It is stated in the petition filed by the Power of Attorney that the appellant is an employee of NUT as a Software Engineer and since she is working in abroad on deputation, she is not in a position to attend the Court in person. According to him,





































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