Husband to be represented by POA & counsel at Family court! MP HC

MP HC permits NRI Husband to be represented by POA & counsel (his own father!!) at Family court! This case can be used by ALL NRI / outstation husbands. Also please check this blog timeline for similar cases from various HC
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In this case, A Husband who is abroad is unable to attend court dates. He is set to ex party. Husband appeals to HC who permits husband to appear thru his father and counsel at the family court ! classic case that can be used by NRI and outstation husbands

Madhya Pradesh High Court

Jemini Bhargava vs Smt. Pranjali Parashar on 5 July, 2012

Criminal Revision No.1141/12

05.07.2012.

Shri Ajay Gupta, learned counsel for petitioner.

Heard finally.

This revision under Section 397/401 of Cr.P.C.has been filed in order to set aside Order dated 1.6.12 passed by Principal Judge, Family Court, Bhopal by which request of petitioner to appear through power of attorney holder and permission to represent by a counsel has been rejected.

Learned counsel for petitioner submits that on the given date, i.e., 26.6.12, petitioner who is working in a foreign country (Australia), could not appear so Court has proceeded ex parte and now case has been fixed for ex-parte evidence on 17.7.12.

Learned counsel for petitioner submits that application has been rejected mainly on the ground that reconciliation is must and without personal appearance no reconciliation can be made. Learned counsel for petitioner submits that there is no hope of compromise and his party is not willing to do any compromise. He submits that respondent/wife is not entitled for any maintenance allowance as she was earning. Reliance has been placed on a decision of Apex Court in Mrs.Komal S.Padukone vs. Principal Judge, Family Court at Bangalore City and another AIR 1999 Karnataka 427.

The relevant para 14 is quoted below :-

“In this case the wife is staying in United States. She left India
before the notice was served. She has stated that it will be
difficult for her to come over to India before July,1999. She,
therefore, sought permission to engage a counsel and exemption from
personal appearance till July,99. There is nothing unreasonable about
either of the requests. As a result of rejection of her applications,
she has been placed ex parte. If the order is allowed to stand, it
would cause irreparable injury to her.”

Looking to the circumstances of the case together with the ratio of the above decision, Order dated 1.6.12 is hereby quashed and learned Principal Judge, Family Court, Bhopal is directed to permit petitioner Jemini Bhargava to be represented by power of attorney holder who is his father and by his counsel. Petitioner shall be permitted to take part through his counsel and power of attorney holder. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

With the above directions, this petition stands disposed of.

(M.A.Siddiqui) Judge.

Jk.

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.


CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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