TK GOPINATHAN Vs. NISHA

JUDGEMENT

(1.) THE respondents filed O.P.No.1223/08 before the Family Court, Thrissur against the petitioner herein, for realization of the marriage expenses of the first respondent. THE Original Petition was transferred to the Family Court, Palakkad, where it was numbered as O.P.No.597/09.

(2.) THE Original Petition would disclose that the first petitioner therein, viz., Nisha, is represented by her power of attorney holder Vasantha, the second petitioner in the Original Petition. A power of attorney was produced along with the petition and the Family Court granted permission to prosecute the proceedings on the basis of the power of attorney. It would appear that when the matter reached the Family Court, Palakkad, the petitioner (respondent before the Family Court) raised a contention that the power of attorney does not authorise the second petitioner in the Original Petition to represent the first petitioner in legal proceedings of the nature involved in the case. He also filed I.A.No.1841/11 to dismiss the Original Petition. It would appear that another power of attorney dated 2.5.2011 was produced before the Family Court to show that the second petitioner in the Original Petition was authorised to represent the first petitioner.

(3.) IN view of the report, the Family Court has to decide whether the power of attorney dated 2.5.2011 can be accepted and whether the second petitioner in the Original Petition can be permitted to represent the first petitioner as her power of attorney holder. Notwithstanding the dismissal of I.A.No.1841/11, the respondent in the Original Petition [petitioner in this O.P.(FC)] shall also be heard in the matter. The Original Petition (Family Court) is disposed of as above.