REKHARANI Vs. PRABHU

JUDGEMENT

(1.) Whether a power of attorney holder is entitled to present a petition for dissolution of marriage by a decree of divorce by mutual consent under S.13B of the Hindu Marriage Act, 1955 is the interesting question arising for consideration in this case. The marriage between the appellant and the respondent was duly solemnized on 29/10/2001. After three years, on the grounds of illicit relationship with another person, and cruelty, the appellant filed OP (HMA) No. 1470/04 before the Family Court, Thiruvananthapuram (later transferred to the Family Court, Nedumangad) seeking a decree of divorce under S.13(1)(i) and (ia) of the Hindu Marriage Act. In the meanwhile, the appellant left for Gulf. However, she executed a power of attorney, appointing her father as the power of attorney holder to prosecute the case before the Family Court. According to the appellant, OP (HMA) No. 1470/04 was got dismissed as not pressed on 17/12/2005 and on the same day, a joint petition for dissolution of marriage by mutual consent was filed under S.13B of the Act. The appellant was represented through the power of attorney holder and the respondent appeared in person. The Family Court took the statements of the appellant's father, the donee of power of attorney, and the respondent husband on the same day and by order dated 20/12/2005, a decree was passed dissolving the marriage by a decree of divorce by mutual consent. At the risk of redundancy of the factual matrix, in order to appreciate the stand taken by the Family Court, it is necessary to extract two paragraphs from the judgment under appeal, which read as follows:

(2.) According to the appellant wife, she met the respondent on several occasions at Thiruvananthapuram in the meanwhile and she has not given consent for a divorce. It is also contended that the procedural requirements have not been satisfied. Hence the appeal.

(3.) S.13B of the Hindu Marriage Act, 1955 reads as follows: