Samir Mathur vs Monika Sharma
2014 Latest Caselaw 5938 Del

*   IN THE HIGH COURT OF DELHI AT NEW DELHI
                                 Dated of Decision: 18th November, 2014
+   MAT.APP. 40/2012 and CM Nos. 7874-7875/2012
    SAMIR MATHUR                               ..... Appellant
                Through:            Mr. B.A. Khan, Advocate
                       versus

    MONIKA SHARMA                                ..... Respondent
                Through:            Nemo

    CORAM:
    HON'BLE MR. JUSTICE SUNIL GAUR
                 JUDGMENT

% (ORAL) The appellant is the husband who had sought divorce from the respondent and divorce petition was filed through his attorney i.e. his father. The trial court vide impugned judgment of 12th December, 2011 has dismissed the aforesaid divorce petition on the ground that the Special Power of Attorney is not on record and the allegations of cruelty levelled against the respondent are exclusively in the knowledge of appellant and his father cannot depose about them.

At the hearing of this appeal, learned counsel for the appellant submits that during the course of hearing of the divorce petition in the trial Court, original Special Power of Attorney in favour of appellant's father was inadvertently not placed on record. However, it is pointed out that the same is placed on record of the present appeal.

Learned counsel for the appellant, on instructions, submits that for the procedural and technical lapse on the part of the appellant, he

MAT.APP.40/2012 Page 1 should not be made to suffer and an opportunity ought to be granted to appellant to file the petition for divorce in his own capacity.

Respondent was proceeded ex parte before trial court as well as before this Court.

In the peculiar facts and circumstances of this case, the appeal is disposed of while permitting the appellant to withdraw the divorce petition and this appeal with opportunity to file fresh divorce petition in his own capacity.

The appeal and the pending applications are accordingly disposed of.

                                                 (SUNIL GAUR)
                                                    JUDGE

NOVEMBER 18, 2014
Sd




MAT.APP.40/2012                                                      Page 2