Recently, the Uttarakhand HC ruled that parties have the right to be represented in proceedings through his / her power of attorney, under The Hindu Marriage Act.

The bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe  gave the orders while dealing with the appeal challenging the order passed by the Family Court.

In this case, the parties had jointly moved a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955.

The appellant- husband is a resident of Lexington, State Kentucky, USA. Therefore, he preferred to move ahead with the petition through his power of attorney granted in favour of his father Mr. Mani Ram Arya.

But the Family Court rejected the petition on the ground that the appellant should personally prefer the petition and should remain present in Court.

The bench observed that the only reason given by the Family Court for not entertaining the petition through the appellant’s father as his power of attorney was that there was no precedent by this Court on the said aspect.

The High Court said that “the Family Court is expected to deal with issues, which arise before it, without waiting for a pronouncement by this Court. There were enough precedents cited before the Family Court not only of several High Courts but also of the Supreme Court, which recognize the right of a party to be represented in proceedings under the Hindu Marriage Act, through his / her power of attorney. We find the approach of the Family Court to be completely perverse and unexpected.”

In view of the above, the bench set aside the family court’s order and directed the Court to entertain the petition on the basis of the power of attorney furnished on behalf of the appellant of his father.

Case Title: Dr. Surjeet v. Dr. Namita