Gadepally,Nama Lakshmi Suman v. Nama Govindaraj Setty Sanjay

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.2 0 7 8 OF 2 0 1 9 ORDER:

This revision, under Article 227 of the Constitution of India, is filed by the petitioner/ respondent/ wife aggrieved by the order dated 16.05.2019 passed in I.A.No.344 of 2018 in F.C.O.P.No.189 of 2017 by the Judge, Family Court-cum-III Additional District and Sessions Judge, Warangal.

2.

Heard the learned counsel for the revision petitioner and perused the record.

3.

Smt.Gadepally @ Nama Lakshmi Suman, party-in-person would submit that the Hon'ble Supreme Court was pleased to direct thorough mediation in matrimonial disputes. She raised a dispute with regard to the signature on special GPA. It is also contended that the Court below ought not to have allowed the impugned I.A. and permitted the respondent to be represented by a Special Power of Attorney Holder and ultimately prayed to set aside the same. 4.

The material placed on record reveals that N.G.Sanjay, the petitioner before the Court below filed the subject O.P. for dissolution of marriage between himself and the respondent therein. The specific mention of the petitioner before the Court below is that he is residing in United Kingdom and he is a citizen of Britain. It is difficult for him to attend the case on each and every date and filed the impugned I.A. to permit him to be represented by a Special Power of Attorney Holder. The Special Power of Attorney is also filed. The Special Power of Attorney Holder had given an affidavit with regard to genuineness of the Special Power of Attorney. The Court below having examined the

same and after discussing the contentions raised by both sides by elaborate order, allowed the said I.A. The Court below passed a well reasoned order. There is no reason to deny the respondent from being represented by Special Power of Attorney Holder. No infirmity or perversity is found in the impugned order. The Court below passed the impugned order in accordance with Order 3 Rule 2 of CPC and rightly exercised the jurisdiction vested therein. There is nothing to take a different view than the one taken by the Court below. The revision petition is devoid of merit and is liable to be dismissed. 5.

In the result, the Civil Revision Petition is dismissed at the admission stage. There shall be no order as to costs. The Miscellaneous Petitions, if any, pending shall stand closed. ______________________ Dr . SHAMEEM AKTHER, J Date: 12.09.2019 ssp