O R D E R

This Criminal Original Petition has been filed to set aside the returned Docket Order passed in Unnumbered MP in M.C. No.545 of 2019 dated 22.09.2022 pending on the file of learned V Additional Family Court, Chennai.

2. The petitioner is the husband and the respondents are his wife and two children. The respondent / wife filed a petition for maintenance in M.C. No.545 of 2019 before the V Additional Family Court, Chennai, against the petitioner / husband. The learned counsel for the petitioner submitted that the impugned petition has been filed for seeking permission of the Court to allow his mother to act as his power agent and make appearance on his behalf and represent his proceeding in M.C. No.545 of 2019; the petitioner had also filed a petition for dissolution of marriage in H.M.O.P. No.2519/2019 before the V Additional Family Court, Chennai; thereafter the petitioner had filed I.A. No.2 of 2021 seeking permission of the Court to allow him to represent through his mother in both the proceedings as his power agent; the said petition was allowed as early as on 07.02.2022; in pursuant to that the mother of the petitioner has been making her appearance without fail on all hearing in both the cases; having granted permission, on 22.09.2022, the learned V Judge, Family Court, Chennai had set the petitioner ex parte in the proceedings in M.C. No.545 of 2019 by passing the following order:

“ Counter on before 1/9/22 power petitionin IA 2/21 is allowed on 7/2/22.

Petitioner present respondent absent counter of respondent not filed Passover call by 2.30 respondent called absent no representation through sufficient opportunity given respondent not filed counter and called absent, set exparte enquiry 18/10/11.”

3. It is to be noted that on the docket of the maintenance case, a note has been made that I.A. No.2 of 2021 has already been allowed on 07.02.2022. Despite the same, the learned Judge had opted to set the petitioner as ex parte. When remarks were called from the learned Judge of the Family Court, he had stated that I.A. No.2 of 2021 has been filed by quoting a wrong provision and it was allowed on 07.02.2022, however, the said fact was brought to the knowledge of the learned Judge of the Family Court only on 30.07.2022. It is further stated by the learned Judge of the Family Court that the Court has ordered for the appearance of the petitioner since the petitioner did not file a fresh petition for permitting the power agent to appear on his behalf. Since the petitioner had ommitted to appear before the Court in person and his mother was present, the petitioner was set ex parte.

4. For the sake of clarity, it is clarified that the respondent in the maintenance petition is the petitioner herein and the petitioner in the maintenance petition is the respondent herein. It is seen that the petitioner/respondent/husband was allowed to make his appearance through his mother on 13.07.2022. But even in the order dated 13.07.2022, the learned Judge had not considered the presence of the power agent of the petitioner and recorded that ‘respondent absent’. Thereafter, the case was adjourned to 02.08.2022. On 02.08.2022 also, the appearance of the mother of the petitioner as his power agent was not taken into consideration but it was recorded as ‘respondent absent’. On 02.08.2022. the following order has been passed :

" Petitioner present respondent absent counter of respondent not filed. Hence respondent is directed to file counter on or before

1/9/22 failing which further orders will be passed. Call on 1/9/22."

Thereafter the matter stood adjourned to 22.09.2022 and on the said date, the petitioner/respondent/husband was set exparte.

5. Though in the remarks of the learned Judge, V Additional Family Court, Chennai, it is stated that he had insisted the appearance of the petitioner, the orders of the learned Judge does not reflect the same. Had it been the order of the Court for any specific reason that the petitioner should make his pe