LAW FOR ALL

whether the presence of the petitioner is necessary for grant of divorce under Section 13B of the Hindu Marriage Act, 1955 (for short 'the Act'). The petitioner is represented by Special Power of Attorney Holder, as he is presently residing in UK. He along with the respondent, who is his wife, presented an application for divorce by mutual consent under Section 13B of the Act, on 21.04.2011. After expiry of the statutory minimum period of six months, the case was posted on 31.12.2011. On the said date, the respondent and the Special Power of Attorney Holder of the petitioner were present. The affidavit of the petitioner herein was also filed. However, the lower Court has adjourned the case to 21.01.2012 with the direction to the petitioner to attend the Court on the said date. Feeling aggrieved by the said direction for personal presence of the petitioner, he filed the present civil revision petition. = In the instant case, the petitioner expressed his inability to be personally present as he is living in UK. There does not appear to be any objection from the respondent's side for grant of divorce. As held by the Division Bench, unless there are suspicious circumstances or any reason to think that the averments contained in the affidavit filed by the petitioner may not be true, there is no reason for the lower Court to order personal presence of the petitioner. As noted above, the Special Power of Attorney Holder of the petitioner is pursuing the case and therefore, there is no requirement for the petitioner being personally present for disposal of the joint application filed for divorce.