MONICA SARAVANAN Vs. R. SARWANAN

JUDGEMENT

(1.) Heard learned Counsel for the plaintiff-appellant/wife.

(2.) The instant appeal is directed against the order dtd. 17/11/2022, passed by the Principal Judge, Family Court, Agra, in Case No.3039 of 2022, (Smt. Monica Saravanan versus R. Saravanan), on an Application (8-Ga) filed by the appellant, wherein, the prayer of the appellant, appointing her father, to do pairvi in the case through special power of attorney, as appellant would not be available in the country, as she intents to proceed to Canada to pursue her carrier. Application came to be rejected by the impugned order, wherein, it is noted by the learned Trial Court that the application under Order 3 Rule 2 CPC has not been instituted through an agent or power of attorney holder. It is further noted that the appellant-plaintiff is present in the Court and submits that for further proceedings she has appointed her father through special power of attorney to do pairvi in the matter. The application came to be rejected, as in the opinion of the Court, the power of attorney has not been filed in the representative capacity.

(3.) Learned Counsel for the applicant submits that the Court below committed an error in rejecting the Application (8-Ga), the suit under Sec. 13 of the Hindu Marriage Act, 1955, was filed by the appellant, and in order to pursue her carrier she has to proceed abroad, therefore, the appellant was justified to appoint a confidant through special power of attorney to do parivi. Further, an undertaking was also given that she would be bound by the outcome of the judicial proceedings. Learned Counsel for the appellant further submits that her oral evidence, if required, or directed by the Court, the appellant is prepared to join the court proceedings through video conference which is permissible under the Code of Civil Procedure, as well as, the Evidence Act.