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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
S.B. Booja – Appellant
Versus
P. Aadharsh – Respondent
| Table of Content |
|---|
| 1. maintenance claim initiated under section 125 cr.p.c. (Para 1 , 2 , 3 , 4) |
| 2. family court expectations for parties' appearances (Para 5 , 6 , 7) |
| 3. role and limitations of power of attorney in legal proceedings (Para 8 , 9 , 10) |
| 4. court affirms lower court's decision (Para 11 , 12) |
ORDER :
K. MURALI SHANKAR, J.
1. The Criminal Revision is directed against the order passed in Cr.M.P.No.103 of 2024 in M.C.No.207 of 2023 dated 23.05.2024 on the file of the Family Court, Madurai, allowing the application filed under Order 3 Rule 1 and 2 and Section 151 C.P.C. seeking permission to defend the maintenance case through his power agent, appointed vide power deed dated 24.01.2024.
2. The petitioner has laid a maintenance claim under Section 125 Cr.P.C. in M.C.No.207 of 2023 and the same is pending on the file of the Family Court, Madurai.
3. The case of the respondent/husband is that the respondent is presently working in Indian Army and is now working as Major at Jodhpur, Rajasthan State, that the respondent can avail leave for one month once in the year as per his service condition and hence, he is unable to appear before the Court in all the hearings, that the respondent
A respondent may authorize a power agent under Section 125 Cr.P.C. for maintenance proceedings, provided the principal is available for personal appearances, affirming the applicability of Section 14....
Plaintiff has not appeared in witness box and statement given by GPA holder cannot be substituted for statement of plaintiff and for this reason also adverse inference can also be drawn against plain....
A power of attorney holder may represent the principal in court matters, as affirmed by the Code of Civil Procedure.
Power of attorney representation is permissible under the Code of Civil Procedure, and delay in filing for such representation is justified if defendants are unable to appear due to age or health iss....
A Power of Attorney holder may manage proceedings but cannot testify on behalf of the principal for acts beyond their knowledge or where the principal must be cross-examined.
Court emphasized the necessity of notice to parties for procedural fairness in family court proceedings.
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