The Madras High Court has set aside an order of a Chennai Family Court that refused to entertain a mutual consent divorce petition filed by a Non-Resident Indian (NRI) couple residing in the United Kingdom.

Allowing the revision petition, the High Court directed the Family Court, Chennai, to formally number the petition and proceed in accordance with the law, reaffirming that litigants have the autonomy to choose their own Power of Attorney (PoA) agents.

The Petitioner’s Arguments:

Advocate Mr. Rahul Jaganathan, appearing on behalf of the petitioners, strongly assailed the Family Court’s decision on two primary grounds:

• Territorial Jurisdiction Erroneously Denied: Mr. Jaganathan argued that the residence of the petitioners fell squarely within the territorial jurisdiction of the Chennai court. Consequently, the Family Court committed a grave error in law by holding that it lacked the jurisdiction to entertain the matrimonial dispute.
• Autonomy in Appointing Power of Attorney: The learned counsel further contended that the Family Court cannot arbitrarily reject a Power of Attorney chosen by the petitioners, nor can it insist that only a blood relative can act as a power agent. It was submitted that the choice of a power agent is the absolute discretion of the principal, and the lower court cannot restrict this right.

Court’s View and Direction

The High Court accepted the submissions made on behalf of the couple, noting that procedural technicalities should not frustrate the statutory rights of parties, especially NRIs residing abroad who rely on lawful attorney holders to represent them.

“The choice of a power agent is the discretion of the principal.”

Finding the Family Court’s approach to be unsustainable, the High Court set aside the impugned order and directed the registry of the Family Court, Chennai, to number the mutual consent petition without further delay.

#MadrasHighCourt #MutualConsentDivorce #NRIDivorce #FamilyCourt #DivorceLaw #FamilyLaw #LegalNews #CourtOrder #ChennaiLawyer #DivorceLawyer #FamilyCourtCase #LegalUpdate #IndianJudiciary #RahulJaganathan #MatrimonialLaw #NRIRights #HighCourtJudgment #LawFirmIndia