A T G SRINIVAS Vs. PUSHKARINI

JUDGEMENT

(1.) Petitioner is the husband of the Respondent. Their marriage took place on 14-08-2006. At present, the Petitioner is residing in California, USA. Through his General Power of Attorney holder Mr. Anand Ramesh, he filed O.P. under Sections 12 and 13 of the Hindu Marriage Act against the Respondent in the Family Court, Secunderabad.

(2.) Petitioner also filed an application being I.A. S.R. No. 2430 of 2010 under Sections 8, 9, 11 and 13 of the Family Courts Act, 1984 (for short 'the Act') read with Section 151 Code of Civil Procedure with a prayer to exempt him from the requirement of personal appearance. He pleaded that on account of his being a resident of California, he is unable to attend the Court and that the Family Court may proceed with the matter without insisting on his appearance, particularly, with reference to Section 9 of the Act. The office of the Family Court, Secunderabad raised objections and the I.A. was not numbered. On the insistence of the Petitioner, the matter was placed before the Court and after hearing the arguments advanced on behalf of the Petitioner, it passed an order dated 23-07-2010 directing return of the application. The same is challenged in this revision.

(3.) Sri Sarosh Bastawala, learned Counsel for the Petitioner, submits that the view taken by the Family Court as regards the purport of Section 9 of the Act is untenable in law. He contends that the requirement to make efforts for settlement by the Family Court is only where it is possible to do so, and is not a mandatory step in every case. He submits that on account of the objections raised by the Family Court, hardly there is any progress in the matter and the very purpose of filing the O.P. is defeated.