Physical presence not insisted under hindu marriage act

Video conferencing Judgment by Mr.Justice.

Nirmal Kumar , MHC.

G.Shrilakshmi -VS - Anirudh Ramkumar, dt 23-02-2024: reg

 Para 32- This Court coming to such finding, the following directions are issued in respect of filing of petitions, hearing the parties, recording of evidence under Order XVIII Rule 4 and allied provisions of C.P.C. in a cases filed under Section 13-B of Hindu Marriage Act; 

(i) The Family Courts henceforth not to insist physical presence of the petitioners/spouses at the time of presenting the petition at the first instance and for future hearings;  

 (ii) Petitions can be filed either by the parties directly or by the Power of Attorney of the parties, provided, the Power of Attorney to be a registered one or properly adjudicated; 

(iii) On behalf of the parties, Power of Attorneys can appear and prosecute. The only embargo is that the recognised agent should not be a legal practitioner;

 (iv) The Power of Attorney representing the parties shall present the petition with relevant documents annexed, materials and proof affidavit required for the case in physical form; 

(v) The parties can be present through virtual mode from their respective places and the place of location, identity of the person to be confirmed with relevant documents;  

 (vi) The Court can verify with the parties appearing through virtual mode as to the petition, proof affidavit, documents produced and record the same as evidence on satisfaction and to pass appropriate orders.

33.  As regards C.R.P.No.1994 of 2024 is concerned, coming to the specific prayer of the petitioner in C.R.P.No.1994 of 2024, this Court, following the orders passed by this Court in C.R.P.Nos.4299 and 4301 of 2022 in the case of G.Yogeetha @ Gajendranath Yogeetha vs. V.S.Sharvendiran @ Somasundaram Sharvendiran reported in Neutral Citation: 2023:MHC:170, subsequently following the same, orders passed by this Court in C.R.P.No.1291 of 2023 in the case of Akhila vs. T.Anjankumar, passes the following order: 

(i) The marriage solemnised between Mrs.G.Shrilakshmi, D/o.Mr.S.Govindarajan and Mr.Anirudh Ramkumar, S/o.Mr.S.Ramkumar on 23.06.2016 at Sri Kuchalambal Kalyana Mahal, Chetpet, Chennai, registered as S.No.257 of 2016 at SRO, Periamet stands dissolved;   

 (ii)In view of the relief granted in C.R.P.No.1994 of 2024, the adjudication in O.P.No.2148 of 2023 pending on the file of  Principal Family Court, Chennai has become unnecessary and the same is ordered to be struck off. With the above observations and directions, C.R.P.No.1994 of 2024 is allowed. 

35.  As regards C.R.P.No.89 of 2024 is concerned, this Court passes the following order: 

The Principal Family Court is directed to take the petition filed under Section 13-B of Hindu Marriage Act by Mrs.V.Nisha, D/o.Mr.Veerakesavan and Mr.Ramkumar Narayanasamy, S/o.Narayanasamy seeking to dissolve the marriage solemnised between them on 30.08.2018 at Jayashree Mahal, Manthithoppu Road, Kovilpatti, registered vide S.R.No.416 of 2018 in SRO Kovilpatti on file without insisting the physical presence of the parties, permitting the respective power of attorney of the parties to present the petition and to follow the above directions to dissolve the marriage and grant divorce without further delay, preferably within a period of two months from the date of receipt of a copy of this order.