In such a case a party might avail the provisions mentioned here should be read harmoniously and interpreted such so that it is conducive for parties to avail facility of Power of Attorney.
Case laws Referred:
1. [(2017) 8SCC 746] – In this case the Supreme Court held that the court can exercise its discretion in the facts and circumstances of the case and made it flexible In representations of the parties by their close relatives in whom they have complete trust to be appointed as a Power of Attorney. It said “Needless to say that in conducting such proceedings the court also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the court.”
2. [ILR 1999 KAR 2811] – In this case, it was observed by the high court that “There is nothing in Act or Rules which prohibits a petition being filed by an Authorized Agent and there is not bar to a petition being presented to the court by an Agent (Attorney holder). Similarly, there is nothing in the act or rules requiring the Family Court to refuse to recognize or accept the appearance of a respondent, through an Authorized agent on the date fixed for appearance”
3. [AIR 2018 Bombay 148] – In this case the High court considered section 10 of the Family Courts Act, Order III Rule 1 of CPC, Order VI Rules 14 and 15 of CPC and various judgements on the aspect of representation of a party through a Power of Attorney and in the context of Section 13B of the Act, observed there is nothing under the said provision to bar a Power of Attorney holder to represent a party and observed as “Section 13B of the Hindu Marriage Act do not contain any provision abrogating the power of POA holder under the Code of Civil Procedure and therefore, the procedure governing the proceedings filed under Section 13B of the Hindu Marriage Act would be governed by Order III as well as Order VI of the Code of Civil Procedure.
4. [AIR 2015 (NOC) 266 (MAD)] – In this case the judge opined that a party residing abroad could be represented through a Power of Attorney and there in no legal impediment to grant permission to a party for being represented by a Power of Attorney. But the party should make personal appearance before Court as and when stipulated by Family court and it could be by utilization of video conferencing technology also.
[ALD-2015-4-757] – In this case, the Andhra Pradesh High court said “Increasingly Family Courts have been noticing the one of the parties is stationed abroad. It may not be always possible for such parties to undertake trip to India, for variety of good reason. On the intended day of proceedings, may not attend the court. Therefore, the Family Courts are justified in seeking the assistance of any practicing lawyer to provide the necessary skype facility in any particular case.
Dear Ramesh ji,
What do you mean by the term "partner" in marriage used by you in the facts posted by you?
Thanks and regards
