SHALINI JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petition has been preferred by the [petitioner (wife) against the order dated 3rd May, 2003 passed by learned Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 13 of 2000, whereby and whereunder the 3rd respondent (father in law of petitioner-sasur) has been allowed to appear as a power of attorney holder on behalf of husband of petitioner (2nd respondent) for examination and cross-examination and conducting the matrimonial suit in question. The subsequent objection to the similar effect raised by the petitioner having been rejected on 10th June. 2003, the petitioner has also challenged the same.

(2.) The main plea taken by learned Principal Judge, Family Court, Ranchi is that the petitioner will not be prejudiced, if the 3rd respondent (father-in-law of petitioner) is allowed to conduct the case on behalf of her husband (2nd respondent).

(3.) According to petitioner, the 3rd respondent, her father-in-law being a interested party and witness in the matrimonial suit in question, cannot be allowed to act as an agent of her husband in a matrimonial suit, wherein generally the lawyers are also not allowed to appear on behalf of the parties.