SETHI Vs. NIL

JUDGEMENT

(1.) A joint petition filed by the estranged couple for divorce by mutual consent u/s 13B of the Hindu Marriage Act, 1955 (for short 'HMA') before the Family Court, Thalasserry was not entertained citing reason that the husband was represented through his power of attorney holder.

(2.) The petitioners got married on 8/5/2011. A male child was born to them in the year 2013. But, their marital bliss did not last long. Marital dispute arose and the relationship strained resulting in institution of various legal proceedings before the Family Court and Magistrate Court from 2014 onwards. Later on in 2020, at the instance of the well wishers, mediation took place and the entire dispute was settled and an agreement was executed by the petitioners on 11/1/2020. Having realised that they cannot pull along any longer, the petitioners took a decision to separate. As per the terms of the said agreement, the petitioners decided, inter alia, to file a joint petition for divorce by mutual consent before the Family Court. Accordingly, the petitioners jointly filed a petition for divorce by mutual consent u/s 13B of the HMA before the court below. At the time of the institution of such Original Petition, the first petitioner/husband was at abroad and because of Covid-19 pandemic restrictions, he was not in a position to come back to India to present the petition. Hence, the first petitioner was represented by a duly constituted power of attorney holder, who is none other than his own brother. The Court below returned the Original petition as per the order dated 7/12/2020, marked as Ext.P1, which reads as follows:-

(3.) The said order is under challenge in this Original Petition filed under Art.227 of the Constitution of India.