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Kapil Goyal Vs. State Of U.P. And Anr

Judgements favoring men



Kapil Goyal  Vs. State Of U.P. And Anr on 25.4.2016

Anil Kumar Bajpai, Adv. For the appellant.
G.A. For the respondent.

Law Point:
Written Statement/reply can be filed by husband staying outside India through Power of Attorney in a maintenance case





Heard Sri Anil Kumar Bajpai for the petitioner.
This petition has been filed for setting aside the order of Principal Judge Family Court dated 21.1.2016 by which he has directed to the petitioner for payment of interim maintenance of Rs. 20,000/- per month to his wife.
The argument of the counsel for the petitioner is that without there being any cause the wife herself is living with her parents. The husband and wife came to India from Germany on 2.11.2014 and due to exigency of service husband has to return to Germany on 3.11.2014 but wife did not return. Thus without there being any cause she is living separately and she is not entitled for interim maintenance from her husband.
I have considered the arguments of the counsel for the petitioner.
Since this Court is exercising the powers under Article 227 of Constitution as such the petitioner is required to interfere with the case regarding grant of maintenance before the court below.
The counsel for the petitioner submits that petitioner is now at Germany therefore through registered power of attorney he put appearance before the court below and filed his written statement on 22.4.2016 but the court below has refused to accept the written statement filed through power of attorney holder. He relies upon the judgment of Full Bench of this Court in Syed Wasif Husain Rizvi Vs. Hasan Raza Khan and others, 2016 (2) ADJ 571 (L.B.) (F.B.) in which this Court has held that a party can contest the litigation through power of attorney holder and for that purpose certain requisite formalities were required to be completed.
In such circumstances, the petition is disposed of giving liberty to the petitioner to file an application before the Principal Judge, Family Court along with Full Bench judgment of this Court in Syed Wasif Husain Rizvi (supra) and in case the petitioner complies all formalities as required in the aforesaid Full Bench decision then the Family Court may re-consider his earlier order regarding rejection of filing the written statement of the petitioner through power of attorney holder, within ten days from the date of filing the application.


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