Uttarakhand High Court: Divorce Through Power of Attorney is Allowed Under Hindu Marriage Act
In a significant ruling, the Uttarakhand High Court has stated that a person seeking divorce under the Hindu Marriage Act can be represented through a Power of Attorney (POA). The decision came while hearing an appeal challenging a Family Court’s refusal to accept such representation.
The division bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe passed the judgment in the case titled Dr. Surjeet v. Dr. Namita.
The case involved a couple who had filed for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The husband, a resident of Lexington, Kentucky, USA, could not attend the proceedings in person. He authorized his father, Mr. Mani Ram Arya, to represent him via a power of attorney.
However, the Family Court rejected the petition, stating that the husband must personally appear in court to file the petition, as there was no precedent from the Uttarakhand High Court allowing POA representation in such matters.
The High Court disagreed, stating:
“The Family Court is expected to address issues based on legal principles and precedents, not wait for specific rulings from this Court. Many decisions from other High Courts and the Supreme Court have recognized the validity of power of attorney representation in matrimonial cases.”
The Court criticized the Family Court’s reasoning as “perverse and unexpected,” adding that there was ample legal support to allow such representation, especially in cases involving non-resident Indians (NRIs).
The High Court set aside the Family Court’s order and directed that the divorce petition be accepted, based on the power of attorney submitted by the husband’s father.
This ruling reinforces that physical presence is not mandatory for mutual consent divorce when valid representation is made through a duly executed POA, especially for parties living abroad.
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