Kerala High Court
Shyju K vs Nil on 24 March, 2021
Author: Kauser Edappagath
Bench: A.Muhamed Mustaque, Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
OP (FC).No.224 OF 2021
AGAINST THE ORDER IN IA 1/2021 IN
UNNUMBERED OP OF 2021 OF FAMILY COURT, PALAKKAD
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PETITIONER/S:
1 SHYJU K., S/O. KUTTYKRISHNAN,
SHANTHI NIVAS, ATTUPURAM,
EDATHARA POST PALAKKAD-678 611,
REPRESENTED BY HIS FATHER AND
POWER OF ATTORNEY HOLDER KUTTYKRISHNAN,
AGED 71 YEARS, S/O. VELAYUDHAN,
SHANTHI NIVAS, ATTUPURAM,
EDATHARA POST, PALAKKAD-678 611.
2 GREESHMA, AGED 30 YEARS,
D/O.SIVADASAN, MANNATH HOUSE,
AKSHARA NAGAR, KANJIKODE,
PALAKKAD-678 623.
BY ADVS.
SRI.K.N.ABHILASH
SRI.SUNIL NAIR PALAKKAT
RESPONDENT/S:
NIL
X
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.224/2021 2
JUDGMENT
Dated this the 24th day of March 2021 Dr.Kauser Edappagath, J.
The petitioners, challenging Ext.P4 order dismissing the application filed under Order III Rule 2 of the Code of Civil Procedure, 1908, have approached this Court. They filed a joint petition for divorce before the Family Court invoking Section 13B of the Hindu Marriage Act, 1955.
2. The first petitioner was represented through Power of Attorney holder. A separate application has been filed to permit the first petitioner to appear through the Power of Attorney holder as I.A.No.1/2021, which was dismissed as per Ext.P4 order. The said order is under challenge in this appeal.
3. We have recently held in Sethi v. Nil [2021(2) KLT 328] that a joint petition for divorce can be filed by the parties through Power of Attorney holder, and appearance, application or act in any court or to any court can be effectively made or done by a party either he himself or by his power of attorney holder. OP (FC).No.224/2021 3
In the light of the dictum laid down in the above judgment, the impugned order(Ext.P4) is set aside. The Family Court shall receive the original application on file and dispose of it in accordance with law. The Original Petition is allowed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
DR. KAUSER EDAPPAGATH JUDGE ln OP (FC).No.224/2021 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SPECIAL POWER OF ATTORNEY DATED 16.1.2018 EXECUTED BY THE PETITIONER IN FAVOUR OF HIS FATHER KUTTYKRISHNAN.
EXHIBIT P2 TRUE COPY OF THE ORIGINAL PETITION DATED 8.1.2021 FILED BY THE PETITIONER AND RESPONDENT BEFORE THE FAMILY COURT, PALAKKAD.
EXHIBIT P3 TRUE COPY OF I.A.NO.1/2021 IN UNNUMBERED OP OF 2021 DATED 8.1.2021 ON THE FILES OF THE FAMILY COURT, PALAKKAD.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 3.2.2021 IN IA NO.1/2021 IN UNNUMBERED OP OF 2021 ON THE FILES OF FAMILY COURT, PALAKKAD.