Case Law Details
Mini Antony Vs Savio Aruja (Kerala High Court)
The sum and substance of the objection raised by the respondent is that, if transfer sought for is allowed, the same would be inconvenient for the power of attorney holder. It is not in dispute that by appointing a power of attorney (POA), 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. To be precise, the inconvenience of the power of attorney holder (whether he is male or female) is not a reason to deny transfer sought for by the wife. Therefore, this objection is found to be merit less.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
The interesting question in this transfer petition is as under:
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