ACHUTHAN Vs. FAMILY COURT

JUDGEMENT

(1.) This Original Petition is filed for getting permission to appear through counsel before the Family Court. It is reported that no petition is seen filed by the petitioner for permission for appointing an advocate to represent him in O. P. No. 152/2000. It is submitted that petition was not received by the section. Petitioner is an ailing person. In any event, when the petition was presented through counsel, it should have been accepted and considered by the court. Even though personal presence is required during conciliation etc. exemption can be given in certain stages using judicial discretion especially in the matter of presenting a petition or earlier stages depending upon the facts of the case unless injustice is caused otherwise by giving exemption. Only pragmatic approach has to be taken.

(2.) In the above circumstances, petitioner may re - present the petition with the vakalath through his advocate and it is for the Family Court to decide whether appearance of petitioner through counsel should be allowed or not. If the petitioner re - presents the petition through advocate within two weeks from today, that should be considered by the Family Court and pass appropriate orders.