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 of the Family Courts Act to evidence admissibility.

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 had executed a power of attorney deed dated 24.01.2024 in favour of his father authorizing him to conduct judicial proceedings on his behalf, that the respondent is ready to appear before the Court as and when required and he is also prepared to appear before the Court through Video Conferencing as directed by the Court and that therefore the power of attorney deed has to be recognized and his father may be permitted to conduct the main case as power agent of the respondent.

4. The petitioner/wife has filed a counter statement raising objections and stating that the contention of the respondent that he is not able to come frequently and appear before the Court is not correct, that the respondent had visited Madurai in the month of January 2024 and filed HMOP divorce case against the petitioner, that the petitioner came to know that the Superior Army Officer will grant a special leave for appearing Court cases as per the Indian Military Law, that power agent appointed by the respondent is none other than his father and is one of the accused in D.V.O.P.No.179 of 2023 on the file of the Additional Mahila Court, Madurai, that the respondent had harassed the petitioner by trying to break her Thaali and demanded for gold and diamond from the petitioner, that the power agent had thrown out all the belongings kept in the matrimonial house in the street and scolded the petitioner and her father in filthy language, that personal evidence or affidavit or petition or counter or any statement produced by the power agent with regard to the present maintenance case may not be accepted or allowed in this case, that the petitioner has no objection for the respondent appearing through Video Conferencing and that the power deed executed on 24.01.2024 is not properly executed and is a defective one.

5. Admittedly, the petitioner is an Army Major now working at Jodhpur, Rajasthan State.

6. No doubt, generally in the Family Court, the parties are expected to appear in person for the hearings.

7. As already pointed out, the respondent has appointed his father as power agent authorizing him to appear and engage an advocate for prosecuting or defending any proceedings vide power of attorney deed dated 24.01.2024 and on that basis, the above application came to be filed to recognize his father as power agent and permit him to continue the proceedings on behalf of the respondent.

8. The main objection of the petitioner is that any evidence, statement, counter, affidavit submitted by the power agent cannot be accepted.

9. It is settled law that power of attorney holders cannot give evidence about the facts which are within personal knowledge of persons they represent. The power agent can only depose about the facts within his personal knowledge and not about those facts which are no