PRATEEK TATER Vs. PRAGYA CHORDIA

JUDGEMENT

(1.) This writ petition is preferred on behalf of the petitioner being aggrieved with the order dtd. 7/3/2022 passed by the Family Court No.1, Jodhpur (for short 'the Family Court') whereby, the application under Order III Rule 2 read with Sec. 151 CPC and Sec. 10 of the Family Courts Act, 1984 filed on behalf of father of the petitioner, as being power of attorney holder, for representing him before the Family Court has been dismissed.

(2.) In the meantime, the parties have also preferred a joint application praying for waiver of six months' statutory period specified under Sec. 13-B(2) of the Act of 1955. Arguments on the said application were heard and the Family Court dismissed the said application vide its order dtd. 16/11/2021.

(3.) Learned counsels for the parties have submitted that the Family Court has grossly erred in not allowing father of the petitioner to represent him before it. It is further submitted that there is no dispute with regard to the fact that the petitioner has executed power of attorney in favour of his father and he has authorized him to participate in the proceedings on his behalf before the Family Court.