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FAMILY COURT, MUMBAI
ADMINISTRATIVE BUILDING, B WING, BANDRA EAST, BKC, MUMBAI -400051 Tel/Fax 022-26591270
Email: fc-bhc@[Link]
Family Court, Mumbai.
Dated : 8th February, 2022.
Ref’nce : 1. Judgment of Hon’ble Bombay High Court in
the case of Harshada Bharat Deshmukh
Vs. Bharat Appasaheb Deshmukh reported
in 2018 SCC Online Bombay 619.
C I R C U L A R :
WHEREAS, the parties file petition for mutual consent
divorce under various law ,such as Section 13B of The Hindu Marriage
Act, 1955 etc. and also file application for seeking for permission to
present the petition through power of attorney or constituted attorney
and such applications are usually allowed.
WHEREAS, the advisory/ guidelines need to be issued to
facilitate presentation of petitions for mutual consent divorce through
power of attorney or constituted attorney in Family Court, Mumbai in
appropriate cases.
WHEREAS, because of the globalization and spreading of
Indian diaspora , including ( Non Resident Indians (NRI), Person of
Indian Origin (POIs),Overseas Citizens of India(OCIs) across the
globe . Similarly youth from Pan India migrate to Mumbai in search of
Jobs and sometimes return to native places. Because of their job , leave
or issues of visa etc. etc., parties face practical difficulties in remaining
physically present before the Family Court, Mumbai for presentation of
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the petition, and so they choose to present it through power of attorney
or constituted attorney.
WHEREAS, a noticeable number of young educated
persons are crossing the border of India and sometimes it is not possible
for them to remain physically present in the Court for presentation of the
petition for mutual consent. Considering all these aspects, the Family
Court, Mumbai has regularly allowed the applications for permission to
present the petition through power or attorney or constituted attorney.
WHEREAS, the Hon’ble Bombay High Court in the case
mentioned in referrence above, has held that the personal presence
of the litigants , who want to file petition for divorce by mutual
consent, is not required.
Hence, by way of this Circular, it is informed to all the
litigants, their Ld. Counsel, The Registrar and The Superintendent
of Judicial Department of the Family Court, Mumbai that personal
physical presence the litigants’ for presentation of petition for
divorce by mutual consent under various laws need not be insisted.
Similarly, if the petition is duly signed by power of
attorney holder or constituted attorney and verified copy of original
valid power of attorney deed or constituted attorney deed is filed
along with the petition, then the parties need not apply for
permission to present the petition for mutual consent divorce
through power of attorney or constituted attorney and such petitions
can be processed by the department without insisting for an order
of the Principal Judge, Family Court, Mumbai permitting
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presentation of petition through power of attorney/constituted
attorney.
This circular is issued for guidance of the litigants,
their Ld. Counsel, and all concerned.
Sd/
( Prasad. Palsingankar )
Principal Judge,
Family Court, Mumbai.
Copy to :
1. All The Judicial Officers, Family Court, Mumbai.
2. The Court Manager, Family Court, Mumbai.
3. The Registrar/Dy Registrar, Family Court, Mumbai.
4. The Supt Judicial Department, Family Court, Mumbai.
5. The President, F.C.B.A., Mumbai.