Shyju K. vs Nil
2021 Latest Caselaw 9901 Ker

                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
                               ---------


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.

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

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.