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Madras High CourtCRP/3466/2024ordered

N. Abinaya v. R. Karthick

2024-08-30Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and CMP No.18783 of 2024 N.Abinaya (Cause title accepted and petitioner is represented by the Power Agent Mrs.Sujatha Rathnakumar vide Court Order dated 12.08.2024 in CMP Nos..

17435 and 17430 of 2024 in CRP SR No.102509 of 2024) .. Petitioner -vsR.Karthik .. Respondent Prayer: Petition filed under Article 227 of the Constitution of India against the docket order dated 20.04.2024 passed in I.A.S.R.No. Of 2024 in O.P.No.3784 of 2022 by the VII Additional Family Court, Chennai. For Petitioner :

Dr.S.S.Swaminathan * * * * *

ORDER

This civil revision petition arises against the refusal of the learned VII Additional Judge, Family Court at Chennai, to receive the petition filed on behalf of the civil revision petitioner by her mother, to recognise her as Power Agent.

2. The civil revision petitioner is the respondent in O.P.No.3784 of 2022. She has been pursuing her studies in Rudowerstr in Berlin, Germany. Since proceedings have been initiated against her and as she is not in a position to appear in person, she appointed her mother to represent her in the said proceedings as the Power Agent. When this application was filed, the same was returned by the Family Court. The ground on which the return has been made is that no consent affidavit of the Power Holder had been annexed therewith. The original petition has been produced before this Court. It is clear that the affidavit has been attested by the Attache (Cons), Embassy of India, Berlin.

3. Dr.S.S.Swaminathan would submit that the consent affidavit of the mother had, in fact, been presented before the learned Family Court and he has produced a copy of the said affidavit before this Court. The consent affidavit reads that the mother is willing to represent her daughter in the said proceedings. Despite the fact that the petitioner has complied with all the requirements as sought for by the Court, the application has not been entertained. Dr. Swaminathan adds, the civil revision petitioner appeared before the learned Family Judge via video-conferencing on 15.06.2024 and confirmed the fact that she is in Germany and she has appointed her mother as Power Agent. When the petitioner has done all that she could in order to convince the Court that she is being represented by the Power Agent, it is unfortunate that the petition had not been received.

4. In the light of the above discussion, the civil revision petition is ordered. The learned VII Additional Judge, Family Court, Chennai, shall number the application filed by the civil revision petitioner seeking to be represented by a Power Agent and allow the same. Prior to allowing the

application, the learned Judge will receive the original of the Power of Attorney and compare the same with the copy that is produced by the civil revision petitioner. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

30.08.2024 Index : Yes/No : Yes/No Note to Registry:

Return all the original petitions that have been filed along with the revision, after obtaining the usual endorsement from the learned counsel for the petitioner.

sra To The VII Additional Judge, Family Court, Chennai.

V.LAKSHMINARAYANAN, J.

(sra) 30.08.2024