LAWS(MAD)-2010-12-82

TERANCE ALEX Vs. MARY SOWMYA ROSE

Decided On December 16, 2010
TERANCE ALEX Appellant
V/S
MARY SOWMYA ROSE Respondents

JUDGEMENT

(1.) The issue involved in this Civil Revision Petition is whether a power of attorney can represent a party to matrimonial proceedings in family Court.

(2.) Short facts leading to the Civil Revision Petition are as follows:

(3.) In the mean while, the Respondent filed a petition for Divorce in I.D.O.P. No. 3447 of 2009. Even without serving any notice to the Petitioner, the Respondent by way of Civil Revision Petition, has got an order, as 'notice sufficient' and on that basis, an ex parte order was passed against him on 1.11.2010. It is the case of the Petitioner that when he has filed a Petition for restitution of conjugal rights in Case No. 981 of 2010 before the Family Court at Trivandram, through his Power Agent, Mr. Manu, to appear and represent on his behalf in the matrimonial case filed against him by the Respondent-wife in I.D.O.P. No. 3447 of 2009 before the 2nd Additional Family Court, Chennai and the said agent is also empowered to file petitions or applications before the Family Courts, Metropolitan Magistrate Courts and other Civil Courts, on his behalf or in any proceedings, Civil or Criminal or Matrimonial, arising out of the said case, the ex parte order was invalid.