Path: Home » NEWS against MEN » Divorce » Uttarakhand High Court Allows Representation Through Power of Attorney in Divorce Proceedings

Uttarakhand High Court Allows Representation Through Power of Attorney in Divorce Proceedings

Representation Through Power of Attorney in Divorce Proceedings is Permissible: Uttarakhand High Court

The Uttarakhand High Court has recently ruled that individuals can be represented in divorce proceedings through a power of attorney under The Hindu Marriage Act. This decision came from the bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe while addressing an appeal against a Family Court’s order.

In this case, both parties filed a petition for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. The husband, a resident of Lexington, Kentucky, USA, chose to proceed through a power of attorney granted to his father, Mr. Mani Ram Arya, due to his residence abroad.

The Family Court, however, rejected the petition, insisting that the husband should be present in person. The court’s refusal was based on the absence of a precedent from the High Court on this issue.

The High Court criticized the Family Court’s approach, stating that the Family Court should address issues without waiting for precedents from higher courts. The bench pointed out that several precedents from other High Courts and the Supreme Court recognize the right of a party to be represented through a power of attorney in proceedings under the Hindu Marriage Act.

The High Court found the Family Court’s reasoning to be flawed and unexpected. As a result, the bench set aside the Family Court’s order and directed it to accept the petition based on the power of attorney.

Case Title: Dr. Surjeet v. Dr. Namita

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==

Leave a Reply

Your email address will not be published. Required fields are marked *