MUTHURAMAN Vs. ANURADHA

JUDGEMENT

(1.) The Petitioner has filed the above civil revision petition to set aside the order of return in HMOP SR No. 6613 of 2011, dated 21.04.2011 and to direct the learned Principal Subordinate Judge, Tirunelveli to take the case filed by the Petitioner through the power of attorney on file.

(2.) The brief facts of the case are as follows:

(3.) The learned Counsel for the Petitioner argued that the Petitioner is residing and working in United States of America. Hence, the Petitioner is not in a position to attend the case proceeding before the concerned court. Under the circumstances, the Petitioner appointed his father as power agent. The leaned counsel further argued that the Petitioner had gone abroad for employment purpose. If the Petitioner comes to India to contest the case, the Petitioner will face irreparable loss like loss of pay, Airfare, Loss of leave, promotion prospects in his job etc., For filing the divorce petition, authenticated documents have been filed. If the power agent is permitted to proceed with the case, the interest of the Respondent will not be prejudiced. Further, the power agent is well aware of the case, since he is the father of the Petitioner. As such, the power agent is a fit person to proceed with the case. The learned Counsel further argued that if the case is tried before the Family Court, the Petitioner's presence is not necessary, but as the case is to be tried before the Principal Subordinate Court, which is a civil forum, the Petitioner presence is not imperative.