Ranbir Singh and ors. Vs. State (Nct of Delhi) - Court Judgment

Excerpt:
- divorce by mutual consent personal presence of parties exempted power of attorney to dissolve the marriage the special power of attorney in favour of one mr. lal babu tiwari was executed by the petitioner (husband) to appear before the court and testify about the contents of the petition. the petitioner has signed the petition before indian consulate high commission of india in uk under section 3(2) of the diplomatic and consular officers (oaths and fees) act, 1947 under which the documents do not require any further evidence.[para 3] if both the parties, by way of affidavits or through counsel, state that they are married, and are able to produce proof of the marriage and that they have been living separately and have not been able to live together for the prescribed period, then there can be no reason as to why the court should not record its satisfaction as envisaged under section 13-b(2) of hindu marriage act, despite the fact that parties had not appeared in person and pass a decree for divorce.[para 6] where the parties are living far away from the jurisdiction of the court competent to dissolve the marriage, the parties after filing their affidavits can appoint attorneys to act on their behalf. attorney is competent to act on behalf of the principal on the basis of power of attorney executed by the principal. the courts have been allowing attorneys to file the petition, to withdraw the petition, to carry on proceedings in the court on behalf of their principal in all other cases. the attorney can also act in matrimonial cases as per instructions of their principle. the court can take necessary precautions to prevent frauds being perpetuated on it but unless the court smells some kind of fraud being played with it, the court should normally recognize the act of the attorneys. i therefore allow this petition. the order of the trial court insisting on the personal appearance of the parties is set aside.[para 8] - it appears that good senses have prevailed upon the parties as they have started living together.orderj.d. kapoor, j.1. the parties are present. this is a petition seeking quashing of the fir no. 707/1998 under sections 498a, 406/34, ipc registered at p.s. mehrauli, arising out of marital discords and disputes between the parties. complainant wife who is present in court states that they have patched up their differences amicably and started living together since 21st january, 2003. she further states that she is living happily and does not want to continue with these proceedings. it appears that good senses have prevailed upon the parties as they have started living together. continuation of these proceedings will serve no purpose and will be rather counter productive to their smooth marital life. the petition is allowed. impugned fir and the proceedings arising there from stand quashed.the proceedings against the accused which has been shown in column no. 2 also stand quashed.petition is disposed of.

Judgment:
ORDER

J.D. Kapoor, J.

1. The parties are present. This is a petition seeking quashing of the FIR No. 707/1998 under Sections 498A, 406/34, IPC registered at P.S. Mehrauli, arising out of marital discords and disputes between the parties. Complainant wife who is present in Court states that they have patched up their differences amicably and started living together since 21st January, 2003. She further states that she is living happily and does not want to continue with these proceedings. It appears that good senses have prevailed upon the parties as they have started living together. Continuation of these proceedings will serve no purpose and will be rather counter productive to their smooth marital life. The petition is allowed. Impugned FIR and the proceedings arising there from stand quashed.

The proceedings against the accused which has been shown in column No. 2 also stand quashed.

Petition is disposed of.