Hon’ble Madras High Court issued guidelines to Family courts to cirumvent the procedural wrangles that are being faced by the parties before the Family court

Brief facts

The husband applied for permanent resident status in the USA and could not return to India without jeopardizing his re-entry. He appointed his father as his power agent to handle his divorce proceedings, including filing petitions and representing him in court. The father agreed to act as the power agent and to verify his son’s identity via video conferencing. The husband filed a petition to allow his father to act on his behalf and to appear through video conferencing. However, while the Court, which numbered the divorce petition only after a Crivil revision petition filed to that effect, it did not number the power of attorney petition, Hence, this revision has been presented before this Court in order to request a direction to number the power of attorney petition and to permit the power agent to apply and obtain certified copies of the order.

Decision

The Hon’ble Madras High Court considers the history of the Family Courts Act and the object that is sought to be achieved through its enactment; and after placing reliance in the observations of the Division Bench of the Allahabad High Court in Prabhat Narain Tickoo Vs Mamta Tickoo and Ors, [(1998) 33 ALR 253] the court held that

“the Family Courts must be conscious of the physiological and psychological suffering of the litigants and cannot display an attitude of utter indifference by mandating the litigants unfamiliar with the CPC to adhere to the letter and spirit of the Code. The Family Courts must remember that the Courts are for litigants and litigants are not for the Courts.”

After relied of plethora of judgments the Hon’ble Madras High Court took the following points for the issues prevailing in the Family Courts for consideration.

1. Institution of proceedings
2. Assistance of an advocate
3. Representation by a power agent
4. Numbering and serving of summons
5. Counselling
6. Mediation
7. Applications for representation and interim relief
8. Recording of evidence and hearing of parties
9. Judgment and copy application

And issues the following Directions

1. Presentation of plaint/original petition drafted with the aid of an advocate before the Family Court under Rule 5(ii) Family Courts Rules by the party/power agent. In case a power agent petition is filed u/O. III R 1 CPC, it must be adjudicated first without ordering notice to the other side.
2. Taking on file of the plaint/original petition by the Family Court. Numbering of plaint/original petition and serving of summons with the assistance of an advocate/advocate clerk.
3. Party/power agent may file an application for urgent interim relief. While determining the urgency of the interim relief, the Court must be reasonable and sensitive to the concerns of the party. After issuing notice to the other side, the Court must dispose of the application. The Court may also pass exparte order if the circumstances so require.
4. The parties must be referred to counselling and later to mediation. If both the parties consent, the parties can be directly referred to mediation without going through the process of counselling.
5. Parties must be referred to mediation under Section 9 of the Family Courts Act. Parties may appear in person or in VC. In case of appearance in VC, prior notice must be given to the mediator and the other side.
6. If, Mediation succeeds and a settlement is arrived at under Rule 35 of the Family Courts Rules, the Court shall pass a judgment and decree in terms of the settlement. If Mediation fails either under Rule 27 or 36 of the Family Courts Rules, the matter is referred back to the Court.
7. The party/power agent may file an application to be represented by an advocate under Section 13 of the Act r/w. Rule 41 of the Family Courts Rules. On being permitted, the advocate must file a vakalath in accordance with OIII R 4 CPC. The presence of the advocate must be recorded when she/he is present.
8. The party/power agent/advocate may file a written statement/ application/counter.
9. In case the presence of the party during hearing of the application is required and the party is not able to appear physically, the party/power agent/advocate may file an application to appear in VC. After ordering notice to the other side, the application must be disposed of.
10. The party/power agent/advocate may file the proof affidavit. The recording of evidence of the party/witness may be done physically/VC. If evidence is to be recorded in VC, an application must be made and notice must be ordered to the other side. Party appearing in VC must be identified by the advocate/power agent.
11. At the time of hearing the plaint/original petition, the Court may hear the advocate or the party as the case be. If the presence of the party at the time of hearing is necessary, the party may appear physically/in VC.
12. A copy of the judgment/order of the Court must be given to the party/power agent free of cost. The Court may also issue a copy of the judgment/order to the advocate of a party if the physical presence of the party/power agent cannot be secured. In such cases, the Court must e-mail the judgment/order to the concerned party.
13. The advocate of a party shall be permitted to file a copy application. In case, the party is not represented by an advocate, the party/power agent can obtain the assistance of an advocate or his clerk for filing the copy application.

Party 

Nanda Kishore Kolluru Vs. Madhulika Maddipudi – Justice V.Lakshminarayanan – Advocates: Mr.K.Subbu Ranga Bharathi, Ms.Rohini Ravikumar – Amisuc Curie: Mr.M.K.Kabir – Senior Counsel – C.R.P (PD) Nos. 4073 & 4227 of 2024 – 31.01.2025