Madras High Court
R.Srinivasa Raghavan vs E.Shanmuga Priya on 23 October, 2024
C.R.P.No.4305 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM :
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.No.4305 of 2024
R.Srinivasa Raghavan .. Petitioner
Versus
E.Shanmuga Priya .. Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution
of India to set aside the impugned docket order dated 09.10.2024 passed in
O.S.SR.5938 of 2024 by the Principal Judge, Family Court, Chennai and set
aside by directing the Principal Family Court to receive O.P.SR 5938 of
2024 through the power agent of the petitioner and number the same.
For Petitioner : Ms.K.Santhakumari
ORDER
This civil revision petition seeks for a direction to the learned
Principal Family Court, Chennai to receive and number O.P.SR5938 of
2024.
https://www.mhc.tn.gov.in/judis
2. O.P.SR5938 of 2024 was presented by one Srinivasa Raghavan
who is represented by his power agent, Loganathan, in whose favour a
registered power of attorney has been executed in document No.213/2024
on the file of Sub Registrar at Velachery. When the said O.P. was presented
on 05.10.2024 by Loganathan before the Family Court at Chennai, the said
petition was returned by the Family Court stating that the petition has to be
filed by Srinivasa Raghavan himself and not by a power agent, Loganathan.
3. A perusal of the power of attorney shows that as per clause 5 at
page No.29 of the typed set of papers, the said power agent has been
authorised to file the divorce petition and all other incidental proceedings
for him in the said matter. Therefore, it cannot be disputed that the power
has been authorised to present the said petition.
4. Whether the presence of the petitioner/Principal is necessary has
been discussed by this Court in CRP.No.1994 of 2024 dated 18.10.2024.
The Hon'ble Mr. Justice M.Nirmal Kumar has directed that the petition can
be filed either by the parties directly or by a power agent of the parties
https://www.mhc.tn.gov.in/judis
provided power of attorney is registered or properly adjudicated. In this case
as pointed out above, the power of attorney is a registered document.
5. In the light of the clear and categorical judgment of Mr. Justice
M.Nirmal Kumar, there shall be a direction to the Principal Family Court to
receive O.P.SR5938 of 2024 on it being re-presented by the power agent
Loganathan. The Family Court shall number the same, if it is otherwise in
order.
6. With the above direction, this civil revision petition is dismissed.
No costs.
23.10.2024
nl
Note: Office is directed to return the original divorce petition enclosed
along with this revision to the learned counsel for the petitioner after
obtaining usual endorsement.
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
To
https://www.mhc.tn.gov.in/judis
The Principal Judge, Family Court, Chennai
https://www.mhc.tn.gov.in/judis
V.LAKSHMINARAYANAN, J.
nl
23.10.2024
https://www.mhc.tn.gov.in/judis
