CR No. 4812 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 4812 of 2010(O&M) Decided on : 13-09-2010 Sanjana Chauhan ....Petitioner no.1 AND Ajay Kumar ....Petitioner no.2 CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Kunwar Sood, Advocate for Mr. Puneet Sharma, Advocate for the petitioners. MAHESH GROVER, J The petitioners are aggrieved by an order dated 12.6.2010. Petitioner no.1 and petitioner no.2 were married to each other on 9.12.1998 and two children were born to them. However, unfortunately, the marriage did not work out and since 2005 they are residing separately. During the persistence of the marital discord, a settlement has been arrived at between them which has resulted in the filing of a petition under Section 13-B of the Hindu Marriage Act. When the petition was registered statement of petitioner no.1 was recorded in support of the said petition and so far as petitioner no.2 Ajay Kumar was concerned, he appeared through his general power of attorney and the petition was also signed by him. The Court vide the impugned order noticed the same and directed that the petitioner no.2 be produced in Court so as to ascertain the validity of the settlement inter se between the parties and also to enable CR No. 4812 of 2010(O&M) 2 the Court to record its satisfaction regarding the valid consent of the said respondent in support of the plea of divorce. Learned counsel for the petitioner states that the petitioner no.2 is residing abroad and has not returned country since 2005 but he has appointed his father as his general power of attorney and specifically authorises him to settle the matter with the petitioner. The contents of the attorney are extracted herein:- “WHEREAS my wife and I have had strained relations for a long time and both of us have agreed for a divorce by mutual consent. We have continuously been living separately since 2005. AND WHEREAS I am residing abroad and am unable to file the divorce petition under Section 13 B of Hindu Marriage Act before the Honourable Court of the District Judge, Jalandhar, Punjab, India hence I appoint, nominate and constitute as my true and lawful General Attorney, to act for and on my behalf and authorize and empower him to do the following acts, deeds and things on my behalf and all such acts done by him shall be fully binding on me:- 1. To file the petition under section 13 B of the Hindu Marriage Act for dissolution of marriage by way of decree of divorce by mutual consent to be filed by me and my wife husband titled as “Sanjana Chauhan And Ajay Chauhan” in the Court of District Judge, Jalandhar, Punjab, India to file the petition, to make statements, file reply, affidavit and to do CR No. 4812 of 2010(O&M) 3 all other acts and deeds whatever may be necessary to safeguard my interest in the said court as well as up to the highest court i.e the Supreme Court of India. 2. That Shri Subhash Chander is well conversant with the facts of the present case and is competent to sign all the documents with regard to the purposes involved with me. My Attorney is also authorised to sign all the concerned documents and to appear before officers. 3. That to enter into any compromise in pursuance of the above matter.” Reliance has also been placed on judgments of this Court in FAO No. M-309 of 2009 titled as Navdeep Kaur vs. Maninder Singh Ahluwalia decided on 2.3.2010 and CR No. 3648 of 2007 titled as Suraj Kumar Verma vs. Gunita Verma decided on 15.10.2007 , copy of which have been attached alongwith this petition, wherein this Court in almost similar circumstances permitted the recording of such a statement of a duly appointed power of attorney. In these peculiar facts the dilemma that the parties are placed in a position wherein they wish to part ways but are obstructed by the absence of petitioner no.2, I deem it appropriate to accept the petition and direct that respondent Ajay Kumar's statement be got recorded through his power of attorney who is his father and has been duly authorised to negotiate the settlement with the petitioner to put an end to the strained relations between them. Accordingly, the petition is accepted and the petitioner no.2 is granted permission to get his statement recorded through his appointed CR No. 4812 of 2010(O&M) 4 power of attorney in support of his application under Section 13-B of the Hindu Marriage Act. In such an eventuality, the District Judge concerned shall after recording such a statement grant a decree of divorce while ensuring that the settlement inter se between the parties has been duly honoured. September 13, 2010 (Mahesh Grover) rekha Judge