The Uttarakhand High Court has recently ruled that parties involved in divorce proceedings under the Hindu Marriage Act can be represented by a power of attorney. This ruling came from the bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe, who were addressing an appeal challenging a Family Court’s order.
The case involved a couple seeking a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. The appellant-husband, residing in Lexington, Kentucky, USA, chose to file the petition through his power of attorney, granted to his father, Mr. Mani Ram Arya. However, the Family Court rejected the petition, insisting that the husband must be physically present.
The High Court criticized this decision, noting that there are several legal precedents, including rulings from other High Courts and the Supreme Court, that allow representation through a power of attorney in such cases. The Court emphasized that the Family Court should have followed these established precedents rather than waiting for specific guidance from the High Court.
As a result, the Uttarakhand High Court overturned the Family Court’s decision and instructed it to consider the divorce petition based on the power of attorney.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
