March 25, 2019
In this recent case, the High Court of Kerala allowed divorce petition filed through a Power of Attorney Holder.
Case name: Mohanan v. Ajitha & anr.
In the present appeal, the Appellant has challenged Family Court’s order, wherein the Court dismissed the Appellant’s divorce petition on the ground that the petition was presented through the Power of Attorney Holder. Here it would be relevant to mention that the appellant had sought divorce from the respondent on the grounds of adultery and cruelty.
The High Court of Kerala in appeal allowed the divorce petition holding that the petition can be presented through Power of Attorney holder. Other observations made by the Court in the case are as follows:
- That there is specific provision under the Code of Civil Procedure enabling a petition to be filed through a power of attorney holder, there is nothing wrong in the Family Court entertaining an application even though it is filed through power of attorney holder.
- That the provisions of CPC squarely applies to matters that are entertained by Family Court as well.Therefore, we do not think that the Family Court was justified in rejecting the petition at the fag end of the trial on the ground that it was not maintainable.
- That in the light of the evidence adduced by the appellant/petitioner, it is clear that the respondents have been indulging in adultery and there is no contra evidence.
In view of the aforesaid observations, while allowing the Petition, the High court dissolved the marriage between the petitioner and respondent.