IMPORTANT POINT
Procedural rules must facilitate justice, and administrative instructions cannot override statutory provisions, allowing for the registration of suits under the Family Courts Act.

ORDER :

Sujoy Paul, J.

The petitioner-wife filed an anti suit perpetual injunction for restraining the respondent-husband from proceeding with the dissolution of marriage before the Family Court at Wellington, New Zealand. The petitioner-wife executed a Special Power of Attorney dated 23.03.2022 authorizing her father to file plaint under Order VII Rule 1 read with Section 26 of the Civil Procedure Code, 1905 (CPC). The said Original Suit (O.S) was not numbered and registered by the Office of the Court below, but the same was taken up as SR No.682 of 2024 pregnant with number of office objections. The petitioner in order to satisfy the Court about the objections argued the matter on office objections, but the Court below by docket order dated 09.05.2024 decided to return the said suit. This docket order is subject matter of challenge in the present Civil Revision Petition before this Court under Article 227 of the Constitution.

2. Shorn of unnecessary details, as pleaded the relevant facts are that the petitioner and respondent solemnized their marriage as per Hindu rites and customs on 19.11.2019 at Gaya (Bihar). The marriage was registered under provisions of Special Marriage Act, 1954, at Hyderabad, Telangana, on 24.04.2019. The respondent resided at New Zealand and due to matrimonial discord between the petitioner and respondent, the petitioner returned to India on 07.06.2020. The petitioner later got admission in London in MBA International course and presently, she is pursuing her education in London.

3. The petitioner filed application in M.C.No.348 of 2022 on the file of the II Additional Family Court, Hyderabad under Section 125 of the Criminal Procedure Code, 1973 and DVC Act. In addition, she also filed O.P.No.480 of 2024 under Section 9 of the Hindu Marriage Act, 1955, on the file of Principal Family Judge, Hyderabad, seeking restitution of conjugal rights. The other proceedings were also filed by the petitioner under Sections 498-A, 307 and 406 of the Indian Penal Code, 1860 and Sections 4 and 6 of the Dowry Prohibition Act, 1961. The said complaint was taken on record by XVIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad and accordingly, numbered as Crime No.381 of 2020 and the same has been registered in C.C.No.7321 of 2021 on the file XIII Additional Chief Metropolitan Magistrate, Hyderabad. The respondent has also been contesting the said proceedings.

4. The Office of the Court below raised the following objections in Sr.No.682 of 2024: 1. SPA to be filed in “Original” as mentioned in OP and the same has to be validated. 2. Suit to be filed in OP format. 3. Address proof of description to be filed and jurisdiction to be noted as per Sec.19 of HM Act, Jurisdiction para to be mentioned correctly and form 8 to be filed. 4. Main OP, Vakalath, Sec.13 petition and Rule 33 Affidavit to be signed by the petitioner only and the same are to be duly affixed by the concerned embassy seal. 5. Latest photograph of the petitioner and the GPA holder are to be affixed on OP and duly attested by the petitioner. 6. ID proof of petitioner to be filed. 7. Explain how this Court is having jurisdiction for the so called relief prayed by the petitioner. 8. Neat copy of OP to be filed by correcting objection No.1 and 2. 9. CF to be affixed on CC copies. 10. IA to be corrected as petitioners and respondents respectively and neat copies to be filed. 11. Rule 33 affidavit to be filed and computer cop to be filed.

5. The plaint filed by the petitioner under Order VII Rule 1 read with Section 26 of the CPC, shows that it is filed along with Special Power of Attorney (SPA) dated 23.02.2022. The plaint is signed by the counsel for the petitioner as well.

6. The petitioner was heard by the learned Court below on the question of aforesaid defects pointed out by the Office of the Court below. In turn, the impugned docket order dated 09.05.2024 came to be passed, whereby, the copy of petition and Vakalath were returned to the petitio