Uttarakhand High Court Pulls Up Family Court For Not Allowing US Resident To File Divorce Petition Through POA Holder

Case: Dr. Surjeet v. Dr. Namita

Coram: Chief Justice Vipin Sanghi and Justice R.C. Khulbe

Case No.: A.O. No. 376 of 2022

Court Observation: “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.”

“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,”

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Keywords

Resident To File Divorce Petition, POA Holder