Chennai: To ensure speedy disposal of matrimonial disputes, Madras high court has framed guidelines to be followed by family courts across Tamil Nadu and Puducherry.
Elaborate guidelines prescribed by Justice V Lakshminarayanan cover all stages of matrimonial litigation. The court made it clear that a party must be permitted to be represented either by an advocate or a power agent if they cannot appear in person. The court mandated the disposal of such petitions filed by a power agent first without ordering notice to the other side.
“Party/power agent may file an application for urgent interim relief. While determining urgency of 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 an ex parte order if needed,” the judge said.
As per guidelines, parties can be directly referred to mediation without going through the process of counselling if both parties consent. While attending mediation, parties may appear in person or via VC with prior notice.
The court said the order copy must be given to party/power agent free of cost. The court may also issue a copy of the order to advocate of a party if physical presence of party/power agent cannot be secured. If so, the court must email the order to the party concerned, the judge said.
The court framed the guidelines on a plea moved by a man residing in the USA challenging a family court order denying permission for his power agent (father) to appear in court on his behalf.