Wife challenged the Family Court's dismissal of her brother's application to represent her through a power of attorney in her husband's divorce case. The High Court found the application vague and the GPA did not specifically empower filing applications, and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15881 OF 2024 (GM-FC)
BETWEEN:
INDUMATHI GOVINDARAJAN W/O VENKATESH PRABHU.A AGED ABOUT 47 YEARS R/AT NO 117, CBR AKSHAYA 7TH CROSS ROAD, 1ST MAIN ROAD LB SASTRY NAGAR, HAL POST BENGALURU-560 017 REPTD. BY HER POWER OF ATTORNEY HOLDER G.HARI KRISHNAN AGED ABOUT 41 YEARS R/AT G-301, PRIDE ENCHANTA, MYSORE ROAD, OPP. TO BHEL, BENGALURU-560 026
…PETITIONER
(BY SRI. NATARAJ G., ADVOCATE)
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
AND:
VENAKATESH PRABHU A., S/O R.ANIYARANGAN AGED ABOUT 49 YEARS R/AT NO119, CBR AKSHAYA 7TH CROSS ROAD, 1ST MAIN ROAD LB SASTRY NAGAR HAL POST BENGALURU-560 017
…RESPONDENT
(BY SMT.APARNA RAMESH, ADVOCATE FOR SRI.ANAND MUTTALLI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEING PASSED IN IA NO. IV BEING FILED UNDER ORDER 3 RULE 1 AND 2
NC: 2024:KHC:24732 WP No. 15881 of 2024
OF CPC R/W SECTION 151 OF CPC PRODUCED AS ANNEXURE-A DATED:08.04.2024, ON THE FILE OF II ADDL. PRINCIPAL FAMILY COURT, AT BENGALURU IN MC NO. 238/2022.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed by the wife aggrieved by the order passed on I.A.No.4 in MC.No.238/2022 by the II Additional Principal Judge, Family Court, Bengaluru dated 08.04.2024. The parties are referred to as wife and husband.
of the court to represent his sister. In support of that, an affidavit is filed stating that she has decided to reside with her mother and other relatives out of Bangalore for the time being, as it is very difficult to come to Bangalore for every hearing and to conduct the cases, she has executed a power of attorney dated 27.10.2022 appointing him as her attorney to represent in the cases before the High Court and also courts at Bangalore, Karnataka, India.
NC: 2024:KHC:24732 WP No. 15881 of 2024
permission to represent the wife through her brother who is a GPA holder. This court has also perused the GPA which do not specifically give him the power to file any application that apart, on these kind of vague reasons the application cannot be allowed. This court finds no reasons to interfere with the order passed by the court below.
SD/JUDGE
TS List No.: 1 Sl No.: 12
1 issue framed by the court
Whether the Family Court rightly dismissed an application seeking permission for the wife to be represented by her brother as GPA holder in divorce proceedings?
3 provisions across 2 enactments
Indumathi Govindarajan
Venakatesh Prabhu A.
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
