LOKESH CHAWLA Vs. ADITI PARIHAR

JUDGEMENT

(1.) The appellant -husband has approached this Court aggrieved by the order dtd. 22/7/2024 passed by the learned Judge of Family Court No. 3, Jodhpur, in Civil Original Case No. 20/2023 (96/2019), whereby the learned Family Court rejected the appellant's application, vide which he sought permission to appear either via video conferencing or through his special power of attorney holder (father), in the proceedings under Sec. 13 of the Hindu Marriage Act, 1955 initiated by the respondent -Wife seeking a decree to dissolve the marriage between the parties. The learned Family Court denied the request on the grounds that the personal presence of the party is mandatory, particularly in light of a pending application under Sec. 9 of the Hindu Marriage Act, 1955.

(2.) After notice, the husband also caused his appearance through Special Power of Attorney likewise the recourse adopted by his respondent-wife.

(3.) It transpires that both the parties are currently residing in Scotland and therefore, are unable to personally appear or prosecute their respective causes before the Family Court, Jodhpur.