Whether Petition for Mutual Divorce through Power of Attorney Holder Maintainable?

Divorce by Mutual Consent can be filed through Power of Attorney, Consent via Skype!

Hindu Marriage Act, 1955 - S. 13B - Mutual Divorce - Power of Attorney holder - there is no legal lacunae in filing of the petition through a registered Power of Attorney - Family Court will not insist upon the presence of the parties before the Court and would arrange for the consent terms to be recorded either through skype or adopting any other technology.

Held:- At the stage of filing of the petition through a Power of Attorney holder, it can be seen that there is no legal lacunae in filing of the petition through a registered Power of Attorney, and the said petition needs to be accepted by setting aside the impugned order by the Family Court. Further, in the light of the said legal position, Family Court will not insist upon the presence of the parties before the Court and would arrange for the consent terms to be recorded either through skype or adopting any other technology and the proceedings contemplated under Section 13B of the Hindu Marriage Act in the time schedule specified therein.