Research › Search › Judgment

Madras High Court · body

2006 DIGILAW 3048 (MAD)

Soundaressane @ Soundaressin @ Sundararaju v. Pouchepavady @ Pouchepagandy

2006-11-10

P.SATHASIVAM

body2006
Judgment :- (Revision Petition filed under Article 227 of the Constitution of India against the order dated 15.06.2005 made in I.A.No.151 of 2005 in O.S.No.73 of 1999 on the file of Judge of Family Court, Pondicherry.) The defendant in O.S.No.73 of 1999 on the file of Family Court, Pondicherry is the revision petitioner herein. The petitioner herein filed I.A.No.151 of 2005 in O.S.No.73 of 1999 under Section 10 (3) of the Family Courts Act, 1984 read with Section 151 of the Code of Civil Procedure to dispense with the personal appearance of the petitioner/defendant and dispose of the suit in accordance with law. The learned Judge, Family Court, Pondicherry, after finding that there is no merit in the said petition, dismissed the same. Hence, the above revision under Article 227 of the Constitution of India. 2. Heard the learned counsel for the petitioner as well the respondents. 3. It is not in dispute that the petitioner/defendant had never appeared before the Family Court at any point of time, but he was represented by a Power of Attorney holder. As rightly observed, Power of Attorney Holder of a party can appear only as a witness in his personal capacity to depose his knowledge about the case. When court directs for the presence of the defendant, the Power of Attorney holder cannot oppose such direction on the ground that evidence is over and judgment is to be pronounced on the basis of available materials. As rightly observed by the Family Court being a Matrimonial Court, it is free to lay down its own procedure to arrive at a settlement in respect of the subject matter of the suit or proceedings. The impugned order also shows that the Court even as early as on 9.2.2005 directed the Power of Attorney holder to inform and bring his principal, viz., defendant before the Court. Merely because the Power of Attorney holder is representing the defendant, he (defendant) cannot avoid the Court proceedings, particularly when a direction is issued for his personal appearance, that too in a matter relating to matrimonial subject. I am in agreement with the conclusion arrived at by the learned Judge of Family Court and I do not find any error or infirmity in the order impugned. Consequently, the revision fails and the same is dismissed. No costs. Connected CMP., is also dismissed.