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Madras High CourtCRP(MD)/989/2020allowed

Murari Koushik v. Priyadharshini

2020-12-18Honourable Mr Justice N. Seshasayee2 pages

CRP (MD)(PD)No.989 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.12.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.R.P(MD)(PD) No.989 of 2020 Murari Koushik Represented by his Power of Attorney Muthu Kannapiran ...Revision Petitioner/Petitioner/ Petitioner Vs.

Priyadharshini ... Respondent/Respondent/Respondent PRAYER: The Civil Revision Petition is filed under Article 227 of Constitution of India to call for the records pertaining to I.A.No.01 of 2020 in unnumbered H.M.O.P.No: Unnumbered of 2019 on the file of the learned Family Judge, Theni and set aside the same. For Petitioner : S.Rajasekar

ORDER

The learned Family Judge, Theni has dismissed I.A.No.01 of 2020 in unnumbered H.M.O.P of 2019 filed under Order III Rule 1 CPC., rejecting the petitioner's plea to permit the Power of Attorney of the petitioner to represent him for presenting an unnumbered Original Petition for dissolution of marriage. 2.The learned counsel for the revision petitioner placed reliance on Authorities of this Court in Nathiya Faru Vs. Rojan Roux [2009 5LW 353] and Ambika Vs. Arunachalam @ Arun [CRP(MD)No.817 of 2019]. 3.In view of the authorities referred to above, this Court deems it appropriate to allow this Civil Revision Petition. However, the parties are to be present whenever the Court requires their presence. The trial Court must be aware that both the parties are living abroad and therefore, the trial Court must give a posting as pragmatically as possible for them to appear before the Court. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) Tsg-2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP (MD)(PD)No.989 of 2020 To, 1.The Judge,Family Court, Theni.

2.The V.R.Section, Madurai Bench of Madras High Court, Madurai.(2C) +1 CC to M/s T.Lajapathi Roy ,Advocate,in SR.No.26539. C.R.P(MD)(PD) No.989 of 2020 18.12.2020 (AC)CO AP(11/01/2021) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2