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POWER OF ATTORNEY HOLDER CAN FILE DIVORCE PETITION: Kerala High Court

Team SoOLEGAL 25 Mar 2019 11:44am

POWER OF ATTORNEY HOLDER CAN FILE DIVORCE PETITION: Kerala High Court

In the present case, Kerala High Court bench comprising of Justice AM Shaffique and Justice Ashok Menon, one of the orders of Family Court was under challenge by which a divorce petition was dismissed on the ground that it was presented by power of attorney holder. The husband sought divorce on the ground of cruelty and adultery, by referring to an earlier High court judgment.

The said judgment was headed by Justice Kurian Joseph and it was held that in matters requiring personal knowledge, the evidence cannot be tendered through the power of attorney holder.

The Kerala High Court bench observed that the judgment in Regharani case regarded to an application under Section 13B of the Hindu Marriage Act, where divorce was sought on mutual consent. It said:
"This is not a case where divorce is sought on mutual consent, whereas divorce is sought on the ground of adultery and cruelty. Insofar as there is specific provision under the Code of Civil Procedure enabling a petition to be filed through a power of attorney holder, there is nothing wrong in the Family Court entertaining an application even though it is filed through power of attorney holder. The provisions of CPC squarely apply to matters that are entertained by Family Court as well. Therefore, we do not think that the Family Court was justified in rejecting the petition at the fag end of the trial on the ground that it was not maintainable."
Thus, the bench held that a petition which seeks divorce under Section 13 of the Hindu Marriage Act can be validly filed through a power of attorney.

Tagged: Divorce   PowerOfAttorney   KeralaHighCourt  
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