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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Jagadish Chandira
Dinesh Prasanna.R – Appellant
Versus
Ramya Hemant – Respondent
| Table of Content |
|---|
| 1. representation through power of attorney is legally supported. (Para 2 , 3 , 4) |
| 2. clarifies the legal provisions allowing representation. (Para 5) |
| 3. court directs to proceed with suit numbering based on requirements. (Para 6 , 7 , 8) |
ORDER :
A.D. Jagadish Chandira, J.
This petition has been filed seeking to direct the Registry of the Family Court, Chennai to number the suit filed by the petitioner on 16.05.2024 in O.S.(SR).No.2734 of 2024 by allowing the power agent of the petitioner to take a return of the papers from the Registry and to represent the same before the Registry and to represent the petitioner in the proceedings before the Family Court, Chennai.
2. The case of the petitioner is that the petitioner is the father of one Dinesh Prasanna, who is an ordinary resident of Texas, United States of America. The said Dinesh Prasanna has obtained a decree of divorce as against the respondent/defendant before the 296th District Court, Collin County, Texas, USA in Cause Number:296-53667-2023 on 05.09.2023. Since the judgment of the divorce had been granted by the non- reciprocating territories such United States of America, his son had to file a suit before the Fami
A power of attorney holder may represent the principal in court matters, as affirmed by the Code of Civil Procedure.
The court can permit genuine representation of parties through close relations where they are unable to appear in person for valid reasons, as observed in Amardeep Singh's case.
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 provision....
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....
Court emphasized the necessity of notice to parties for procedural fairness in family court proceedings.
Judicial discretion allows for transfer of cases under hardship circumstances regardless of changes in power of attorney.
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