The court determined that notarization of divorce petitions is not a legal necessity, allowing advancement of hearing based on mutual consent.

ORDER:

The petitioner is the husband of respondent. He filed a divorce petition i.e., FCOP No.1368 of 2024 on the file of II Additional Family Court, Integrated Family Court Complex, Hyderabad. However, later on conciliation they wanted a mutually consented divorce and, accordingly, the petitioner filed I.A.No.381 of 2025 for amendment of pleadings in the FCOP No.1368 of 2024, and the said application was allowed on 22.05.2025. The petitioner and respondent have jointly filed fair-typed notarized affidavits confirming the contents of Mutual Consent FCOP. The Family Court, on 22.05.2025, observed that even the FCOP petition was required to be notarized, and adjourned the matter to 04.06.2025. The petitioner filed I.A.SR No.2901 of 2025 for advancing the date of hearing to 30.05.2025 (instead of the previously decided date 04.06.2025), however, the learned Judge returned the application with an endorsement that it should be signed by the petitioner, and not by his GPA holder. It is the contention of the petitioner that there is no reason for denying the request for advancing the date of hearing, as the FCOP was duly signed by both the parties, and supported by affidavits of both the parties; and therefore the Family Court cannot insist for notarizing FCOP and further there is no such requirement stipulated under Code of Civil Procedure, or the Family Courts Act/Rules or the Civil Rules of Practice.

2. Heard Mr. J. Prabhakar, learned Senior Counsel appearing on behalf of Ms. D. Venkata Padmaja, learned counsel on record for the petitioner;

and Mr. S. Raghu Ram, learned counsel for the respondent.

3. Having considered the respective submissions, as the parties are legally represented by their GPA holders, and the parties have consented for a Mutual Consent Divorce and filed respective affidavits, this Court does not find any rationale in insisting for notarization of the petition, and deny advancing the date of hearing before the Family Court, in view of the innocuous nature of prayer.

4. Accordingly, the Civil Revision Petition is disposed of by advancing the date of hearing of FCOP No.1368 of 2024 before the Family Court to 30.05.2025. The Family Court shall dispose of the FCOP, in accordance with law, without insistence on notarization of petitions/pleadings. No costs. Miscellaneous petitions pending, if any, shall stand closed.