IMPORTANT POINT
A power of attorney holder is permitted to file a divorce petition on behalf of the principal under the Hindu Marriage Act, and Family Courts must accept such filings in accordance with the provisions of the Code of Civil Procedure.

ORDER :

(V. Bhavani Subbaroyan, J.) :

This Civil Revision Petition is filed to quash the Order of Return dated 31.07.2023 passed by the Learned Principal Judge, Family Court, Chennai in O.P.SR.No.4152 of 2023 filed under Section 13(1) (ia) of the Hindu Marriage Act 1955 and permit the petitioner to present the petition through his duly authorized Power of Attorney Agent.

2. The petitioner and respondent are husband and wife. Their marriage was solemnized on 21.11.2021 at Aishwarya Mahal, Arumbakkam, as per Hindu Rites and Customs. After the wedlock, they lived in the petitioner's father's house at Virugambakkam, Chennai and thereafter, went to the petitioner's house at United States of America. Due to dispute between them, they got separated in the year 2023. The respondent filed a divorce petition in O.P.SR.No.4152/2023 under Section 13(1) (ia) of the Hindu Marriage Act 1955, before the Principal Judge, Family Court, Chennai. Since the petition was presented through the Power Agent of the petitioner, it was returned by the Court below vide order dated 31.07.2023. Aggrieved by the said order, the petitioner has filed this revision petition before this Court.

3. The learned counsel for the petitioner submitted that the petitioner is residing in U.S. The O.P. was duly signed and apostilled in the Indian Embassy of U.S, where the petitioner presently resides and working, and it is only the presentation of the case papers being done by the petitioner's father as his authorized and registered power of attorney holder due to the inability of the petitioner to be physically present. The Learned Principal Judge has mechanically returned the divorce petition without application of mind.

4. The learned counsel for the petitioner further submitted that, all the petitions filed under section 13B of the Hindu Marriage Act, are being duly accepted by the Learned Principal Judge, Family Court, when the same is being filed by a Power of Attorney Agent. Therefore, discrimination should not be shown in cases of contested divorce petition. He also submitted that, the Learned Principal Judge failed to take note of the fact that the procedures of Civil Procedure Code is applicable to the Family Court also. Based on the provisions of CPC, a power of attorney holder can file any petition or application on behalf of his Principal. Hence, the General Power of Attorney dated 19.07.2023 executed by the petitioner in favour of his father is valid in CPC and the petitioner's father is entitled to present the divorce petition duly signed and apostilled by the petitioner.

5. In support of his case, the learned counsel for the petitioner has relied upon the decision of the Hon'ble High Court of Kerala in Mohanan v. Ajitha and another in [Mat.Appeal.No.470 of 2010 dated 19.03.2019].

6. Heard the learned counsel for the petitioner and perused the materials on record.

7. The petitioner decided to dissolve the marriage that was held with the respondent on 21.11.2021. The petitioner and respondent are living separately since 24.03.2023. The petitioner filed an application for dissolution of marriage under Section 13(1) (ia) of the Hindu Marriage Act, through his power of attorney holder (his father) as he is residing abroad, which was refused by the Learned Principal Judge at Family Court stating that the party to be present. Hence, this petition.

8. The learned counsel for the petitioner submits that, as per the provisions of CPC, a power of attorney holder can file any petition or application on behalf of his Principal. Further, in support of his submission, he rely upon the judgment of the Hon'ble High Court of Kerala in Mohanan v. Ajitha and another in [Mat.Appeal.No.470 of 2010 dated 19.03.2019].

9. At this juncture, it would useful to refer Order III Rule 1, 2 of CPC, which reads as under :-

“1. Appearances, etc., may be in person, by recognized agent or by pleader-

Any appearance, application or act in or to any Court, required or authorized by law to be made or done