Madras High Court
Yashwin Krishnakanth.S vs Sridevi R on 6 January, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2026
CORAM
THE HONOURABLE MR.JUSTICE S. SOUNTHAR
CRP No. 6248 and 6253 of 2025 and
CMP.Nos.30907 and 30947 of 2025
Yashwin Krishnakanth.S Petitioner in both CRP’s.
Vs
Sridevi R Respondent in both CRP’s
PRAYER in CRP.No.6248 of 2025:Civil Revision Petition is filed under
Article 227 of Constitution of India praying to direct the learned Principal
Family Court, Chennai to take on file and number the I.A.S.R.Nos.13994 of
2025 and 13996 of 2025 in HMOP.No. 323 of 2024 on the file of Learned
Principal Family Court, Chennai in accordance with law
( Amended vide court order dated19/12/2025 made in CMP No.32389 of 2025
in CRP No.6248 of 2025)
PRAYER in CRP.No.6253 of 2025:Civil Revision Petition is filed under
Article 227 of Constitution of India praying to direct the learned Principal
Family Court, Chennai to take on file and number the I.A.S.R.Nos.13987 of
2025 and 13988 of 2025 in HMOP.No. 4483 of 2024 on the file of learned
Principal Family Court, Chennai in accordance with law
In both CRP’s:-
For Petitioner(s): Mr.A.M.Venkatakrishnan
for M/s.Apex Law Office
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 02:19:33 pm )
For Respondent(s): Mr.K.V.Muthuvisakan
COMMON ORDER
These Civil Revision Petitions are filed seeking a direction to Principal Family Court, Chennai to number the applications filed by the petitioner represented by his power agent in IASr.Nos. 13994, 13996 , 13987 and 13988 of 2025.
2. It is stated by the petitioner that the application filed by the petitioner duly represented by his power agent has been returned by the family court as petitioner unable to appear in person before the concerned court.
3. This Court called for xerox copies of the records in IASr.Nos. 13994, 13996 , 13987 and 13988 of 2025. A perusal of the same would indicate that the petition filed by the petitioner has been returned by the Family Court on 07-11- 2025 raising certain objections.
4. The learned counsel for the petitioner submitted that since the Family Court refuses to hand over the returned papers to the power agent of the petitioner, he is unable to comply with the condition.
5. This Court, in CRP(PD).Nos. 4073 and 4227 of 2024, issued certain https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 02:19:33 pm ) guidelines for numbering of the petitions presented through duly authorised power agent of the petitioner.
“61.In an attempt to supplement the safeguards laid down in the Shrilakshmi case and to further ensure the bona fides of a power of attorney, the following guidelines are framed by this Court:
(i)To ensure the authenticity of deed of power of attorney, in case, if executed in India, it should be registered within the jurisdictional Sub Registrar or should be executed in the presence of a notary public.
(ii)In case the power of attorney is executed abroad and sent to India, it should be adjudicated by the competent authority or it should be notarized by the notary public or a similar officer appointed by that country to attest the document. It must be accompanied by a certificate of notary public confirming that the party is residing within the jurisdiction for which he has been authorized. Further, it should also be adjudicated in terms of Section 3(c) of the Stamp Act read with Article 48 of the I Schedule attached to the Stamp Act.
(iii)The power agent can represent the party at every stage of the proceeding right from the stage of presentation of the plaint/petition. However, the power agent cannot substitute the presence of the party during mediation and recording of evidence or when the presence of the party is felt indispensable.
(iv)The plaint/petition can be presented by the petitioner appearing in person before the Family Court or by https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 02:19:33 pm ) a duly authorized power agent. At the time of presentation of the plaint/petition by a power agent, it should be accompanied by a petition under Order III Rule 1 of the Code of Civil Procedure, the registered and adjudicated power of attorney, and two affidavits, one executed by the Principal stating that he/she has appointed a power of attorney, and the other executed by the power agent accepting the power that has been given by the petitioner. The filing of these two affidavits would further ensure the authenticity of the power agent and would also ensure that the provisions of Order III Rules 1 and 2 are not maliciously used to the disadvantage of any party to the litigation.
(v)Further, on the day of presentation of plaint/petition by the power agent, a soft copy of the plaint/petition must be emailed by the party represented by the power agent to the registered e-mail address of the Court.
(vi)For the purpose of dealing with the petition under Order III Rule 1 of the Code of Civil Procedure, since the provisions of the Code of Civil Procedure apply to the Family Courts, the court need not issue notice in the said application. This is a matter between the Court and the party, and therefore, after confirming that the petition complies with the requirements of Order III Rule 1, it shall be allowed by the Court concerned without notice to the respondent. This, in the opinion of this Court, would greatly save the judicial time”.
6. In the light of the guidelines issued by this Court, the Family Court is directed to number the applications by following the guidelines issued by this https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 02:19:33 pm ) court which is extracted above. For the purpose of complying with the return, the petitioner is directed to appear before the Ministerial Officer of the Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order. The petitioner shall be furnished with a copy of the defects pointed out in the return order. On receipt of the same, the petitioner shall offer his explanation to the Family Court in a written form. After receipt of the same, the Family Court shall follow the guidelines issued by this Court in the above mentioned case and number the applications, if it is otherwise in order.
7. With these directions, the civil revision petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
06-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No nr To The Principal Family Court, Chennai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 02:19:33 pm ) S.SOUNTHAR J.
nr CRP No. 6248 and 6253 of 2025 and CMP.Nos.30907 and 30947 of 2025 06-01-2026 https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/01/2026 02:19:33 pm )