Shyju K v. Nil
Case brief
What is this about?
The High Court allowed an appeal against the Family Court's order dismissing an application for appearing via Power of Attorney. Relying on Sethi v. Nil, the court held that joint divorce petitions can be filed through POA holders, set aside the impugned order, and directed the Family Court to hear the divorce petition.
What did the court decide?
The impugned order (Ext.P4) is set aside. The Family Court is directed to receive the application and dispose of the divorce petition as per law.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
OP (FC).No.224 OF 2021
AGAINST THE ORDER IN IA 1/2021 IN UNNUMBERED OP OF 2021 OF FAMILY COURT, PALAKKAD
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PETITIONER/S:
1 SHYJU K., S/O. KUTTYKRISHNAN, SHANTHI NIVAS, ATTUPURAM, EDATHARA POST PALAKKAD-678 611, REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY HOLDER KUTTYKRISHNAN, AGED 71 YEARS, S/O. VELAYUDHAN, SHANTHI NIVAS, ATTUPURAM, EDATHARA POST, PALAKKAD-678 611.
Issues for consideration
2 issues framed by the court
Whether a joint petition for divorce under Section 13B of the Hindu Marriage Act, 1955 can be filed through a Power of Attorney holder.
Validity of an order dismissing an application allowing a petitioner to appear through a Power of Attorney holder.
Parties & counsel
- petitioner
SHYJU K.
- petitioner
GREESHMA
Coram
A.MUHAMED MUSTAQUE
Case details
As recorded by the court registry
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