This story is from August 24, 2019

Can’t transfer case proceedings to suit power of attorney holder: Punjab and Haryana HC

The Punjab and Haryana high court has held that it cannot transfer proceedings of a case related to matrimonial dispute on convenience of power of attorney holder of one of the parties.
Can’t transfer case proceedings to suit power of attorney holder: Punjab and Haryana HC
“The court is not to see the convenience of the attorney," said HC
CHANDIGARH: The Punjab and Haryana high court has held that it cannot transfer proceedings of a case related to matrimonial dispute on convenience of power of attorney holder of one of the parties. In this case, a woman living in Australia wanted the proceedings of her matrimonial case to be shifted from Sangrur to Patiala because it was not convenient for her power of attorney holder to appear in Sangrur.
The court was of the view that in such circumstances, the party can change the power of attorney holder representing her in the case.
“The court is not to see the convenience of the attorney. If the attorney has got difficulty in attending the dates of hearing, the applicant can very well appoint some other person as her attorney, who can put in appearance in the court conveniently,” observed Justice H S Madaan of the high court while dismissing a petition filed by the woman.
The high court also dismissed her plea wherein she had pleaded that she may not get justice in Sangrur court as her estranged husband’s father is a senior advocate in Sangrur. “Merely because the respondent’s father is a senior advocate at Sangrur does not mean that he is capable of interfering in judicial proceedings or would do so. It is difficult to believe that for that reason, the applicant is finding it difficult to get the services of a lawyer at Sangrur,” observed the court.
In this case, matrimonial dispute between husband and wife has been pending before the district court in Sangrur. The woman, 28, lives in Australia and her divorce case at Sangrur was being represented by a person who was given a special power of attorney to proceed on her behalf in the case.
She had approached the high court seeking transfer of the divorce petition filed by her husband against her, from Sangrur to Patiala.
Her main grounds were difficulty faced by her attorney in pursuing the case at Sangrur, influence/political influence of her estranged husband’s family and regular threat perception to her and her family members.
Finding no force in her contentions, the high court dismissed the petition observing that if the applicant or any person representing her has/have any apprehension of physical harm, then, they can approach the legal enforcement agency in that regard, seeking protection.
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About the Author
Ajay Sura

Ajay Sura is Senior Assistant Editor with The Times of India Chandigarh. He covers news concerning the State of Haryana, Punjab & Haryana High Court and Defence & Military Affairs. He likes to analyse political developments and decoding judicial pronouncements. His hobbies include travelling, mountaineering and trekking.

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