The Uttarakhand High Court recently directed a family court in Haldwani to entertain a man’s petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 on the basis of the power of attorney furnished on behalf of his father.
The division bench of Chief Justice Vipin Sanghi and Justice R.C. Khulbe, while expressing its dismay on the approach of the Family Court, said the subordinate court is expected to deal with issues, which arise before it, without waiting for a pronouncement by the high court.
The order was passed on a petition filed by a Kentucky resident whose petition was rejected by the family court in July. He, through his father, and his wife had jointly moved a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act.
The Family Court at Haldwani, however, rejected the petition, saying that the husband should have personally preferred the petition and remained present in the court. “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,” the division bench headed by Justice Sanghi noted.
