AJAY MURTHY Vs. LAKSHMI PRIYA

JUDGEMENT

(1.) This Civil Revision Petition is filed to quash the Order of Return dtd. 31/7/2023 passed by the Learned Principal Judge, Family Court, Chennai in O.P.SR.No.4152 of 2023 filed under Sec. 13(1) (ia) of the Hindu Marriage Act 1955 and permit the petitioner to present the petition through his duly authorized Power of Attorney Agent.

(2.) The petitioner and respondent are husband and wife. Their marriage was solemnized on 21/11/2021 at Aishwarya Mahal, Arumbakkam, as per Hindu Rites and Customs. After the wedlock, they lived in the petitioner's father's house at Virugambakkam, Chennai and thereafter, went to the petitioner's house at United States of America. Due to dispute between them, they got separated in the year 2023. The respondent filed a divorce petition in O.P.SR.No.4152/2023 under Sec. 13(1) (ia) of the Hindu Marriage Act 1955, before the Principal Judge, Family Court, Chennai. Since the petition was presented through the Power Agent of the petitioner, it was returned by the Court below vide order dtd. 31/7/2023. Aggrieved by the said order, the petitioner has filed this revision petition before this Court.

(3.) The learned counsel for the petitioner submitted that the petitioner is residing in U.S. The O.P. was duly signed and apostilled in the Indian Embassy of U.S, where the petitioner presently resides and working, and it is only the presentation of the case papers being done by the petitioner's father as his authorized and registered power of attorney holder due to the inability of the petitioner to be physically present. The Learned Principal Judge has mechanically returned the divorce petition without application of mind.