MUDDASANI VENKATA REDDY Vs. STATE

JUDGEMENT

(1.) The above Appeal is filed challenging the order passed by the learned Judge, Family Court, Hyderabad in O.P.SRNo. 842 of 1995, dated: 18-8-1995. The 1 stAppellantis the husband, while the 2nd Appellant is the wife. The marriage between the 1 st Appellant and 2nd Appellant took place on 15-8-1993 under Hindu customs at Secunderabad. The marriage was consummated and the Appellants lived to gether for a month after the marriage. Thereafter it appears that the relations between the Appellants strained and they could not reconcile themselves. Even the interference by the elders ended in no results. Under those circumstances, the Appellants have mutually decided to dissolve the marriage by filing Application under Section 13 of the Hindu Marriage Act. As the 1st Appellant was residing in U.S.A., he had executed a special powerof Attomey in favour of one Sri Kasi Reddy Ram Reddy to file necessary applications before the competent court. Accordingly the petition was filed before the Family Court, duly signed by the Special Power of Attorney holder on behalf of the husband and wife herself signed the Application and they were presented before the Family Court on 19-7-1995. The Power of Attorney holder filed a Petition under Rule 32(2)of Civil Rules of practice seeking permission of the Court to allow him to represent the 1st respon- dent in the proceedings. The said Application was dismissed at S.R. stage by orders in S.R.NO. 842/95, dated: 18-8-1995. This Order is assailed before this Court.

(2.) The learned Counsel for the Appellants Sri Jaya Prasad submits that the order of the learned Judgeof the Family Courtis illegal and contrary to Law. He submits that Sri Kasi Reddy, Ram Reddy, Special Power of Attorney holder constituted by Sri Muddasani Venkat Reddy, Appellant No. 1 quite competent to present the Application before the Court and that the same is permissible under Order VI Rule 14 Read with Order III C.P.C. It is also permissible under sub-section (2) of Section 20 of Hindu Marriage Act. It is not in dispute that both the Appellants have mutually decided to separate themselves and seek dissolution of the marriage through the Court under section 13-B of the Hindu Marriage Act. The Application signed by both the partion was presented before the Court. The 2nd Appellant was also present when the Petition was moved while the 1st Appellant was represented by the Special Power of Attorney.

(3.) For proper appreciation of the case, Section 13-B of Hindu Marriage Act and Section 20 of Hindu Marriage Act, are extracted: