NATHIYA FARU Vs. ROJAN ROUX

JUDGEMENT

(1.) THE petitioner is mother of one Roux Pauline who is wife of the respondent. Both of them have got three children. THEir marriage was solemnized on 24.04.2000. After the marriage, both the spouses moved to France for eking out the likelihood. All the three children were born in France and their names have been entered in the Passport of the respondent and without the help and assistance of the respondent, the children could not travel out of France.

(2.) DUE to certain misunderstandings, the respondent filed M.O.P.No.6 of 2008 on the file of the Family Court, Pondicherry for dissolution of marriage and the same is pending. Since the children are in France, their mother has necessarily to be in France itself. She could not come over to Pondicherry for every hearing of the case and hence her mother has come forward with a petition for permission to represent on behalf of her daughter Roux Pauline as Power Agent and to defend the case.

(3.) LEARNED counsel for the petitioner would strongly contend that the Court below has carried out misreading that the names of the children have been entered into the mother's passport, which is a wrong conclusion. By an earlier order, the Family Court in I.A.No.852 of 2008 dated 9.10.2008, directed the respondent to produce xerox copy of his passport for perusal, which shows that in the passport of the respondent the names of three children have been entered besides their photographs.