The Kerala High Court has established that the inconvenience of the power of attorney holder of the husband in a case before the Family Court (whether male or female) is not a reason to deny the transfer sought for by the wife.
Justice A. Badharudeen found that by appointing a power of attorney, a principal appoints an agent to conduct his case and such an agent can be anybody capable of travelling and contesting the case of the respondent for and on behalf of the respondent.
"Nobody is permitted to shield the contention of the wife after appointing an agent who is incapable to conduct the case, for reasons such as age old condition, ailment etc."
Is the inconvenience of the power of attorney holder of the husband a reason to disallow the transfer of a petition pending before the Family Court at the instance of the wife, highlighting her convenience?
The wife moved a transfer petition through Advocates P.V. Anoop, Phijo Pradeesh Philip, M.P Priyeshkumar and K.V. Sreeraj to transfer a case pending before the Family Court, Muvattupuzha to Kozhikode, where she has been residing permanently.
However, Advocate Shiras Aliyar opposed the transfer citing that the respondent is working abroad and therefore, he appointed his father as power of attorney to conduct the case. If the transfer is allowed, it would be inconvenient for his aged and ailing father to reach Kozhikode to conduct the case. Therefore, the transfer cannot be allowed, he urged.
The Court found no merit in the objection raised by the respondent that, if the transfer sought for is allowed, the same would be inconvenient for the power of attorney holder.
Accordingly, taking note of the convenience of the wife, the transfer petition was allowed and the case pending before the Family Court, Muvattupuzha was transferred to Kozhikode.
Case Title: Mini Antony v. Savio Aruja
Citation: 2022 LiveLaw (Ker) 227