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Divorce Through Power of Attorney Allowed: Uttarakhand High Court

Uttarakhand HC: Divorce Proceedings Can Be Handled via Power of Attorney

In a significant ruling, the Uttarakhand High Court has declared that a person can be represented in divorce proceedings through a power of attorney under the Hindu Marriage Act. The decision came while reviewing an appeal against a Family Court order.

Case Background

The case involved a couple who filed for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The husband, a resident of Lexington, Kentucky, USA, had authorized his father, Mr. Mani Ram Arya, as his legal representative through a power of attorney. However, the Family Court rejected the petition, stating that the husband needed to be present in person.

High Court Overrules Family Court Decision

The bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe criticized the Family Court for dismissing the petition. The only reason cited by the Family Court was that there was no existing precedent from the same court regarding such cases.

The High Court rejected this reasoning, stating that multiple precedents from the Supreme Court and various High Courts allow legal representation in divorce proceedings through a power of attorney. The court found the Family Court’s decision flawed and unjustified.

Final Judgment

The Uttarakhand High Court set aside the Family Court’s order and directed it to accept the petition based on the power of attorney provided by the husband’s father.

This ruling reinforces the right of individuals who are unable to appear in person to seek legal representation in divorce proceedings through a power of attorney, making the process more accessible for people living abroad.

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