Family Court Does Not Have Plenary Powers To Do Away With Mandatory Procedural Requirements: Supreme Court

The Supreme Court observed that Family Courts does not have plenary powers to do away with the mandatory procedural requirements.Family Court is expected to follow procedure known to law, which means insist for a formal pleading to be filed by both sides, then frame issues for determination, record evidence of the parties to prove the facts asserted by the concerned party and only thereafter, to enter upon determination and render decision thereon by recording reasons for such decision, the bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari observed.In this case, the application filed by the 'wife' for transposing her as petitioner in the petition filed by the husband declaring him as guardian of person of baby Raina and appointing him as her guardian, was allowed on the finding that the husband had abandoned the petition. On the same day, by a separate order, the wife/mother was appointed as sole, exclusive and absolute guardian and custodian of minor child.The Apex Court bench noted that no notice of the transposition application was ever served on the husband nor was he given notice regarding hearing of the said application before the Family Court.The court said that Family Court is expected to give notice to the respective parties and provide them sufficient time and opportunity to present their claim in the form of pleadings and evidence before determination of the dispute."We are more than convinced that the Family Court, in the present case, exceeded its jurisdiction by hastening the entire proceedings. Indubitably, the Family Court is obliged to inquire into the matter as per the procedure prescribed by law. It does not have plenary powers to do away with the mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides. The nature of inquiry before the Family Court is, indeed, adjudicatory. It is obliged to resolve the rival claims of the parties and while doing so, it must adhere to the norms prescribed by the statue in that regard and also the foundational principle of fairness of procedure and natural justice..", the bench observed.Allowing the appeal, the bench directed remand and revival of the Guardianship petition and also all applications filed in the main guardianship petition by the husband and directed the Family Court to consider them afresh.Case: Aman Lohia vs. Kiran Lohia [ TC(C) 25 OF 2021]Coram: Justices AM Khanwilkar, BR Gavai and Krishna Murari Citation: LL 2021 SC 167Click here to Read/Download JudgmentRead Judgment

Family Court Does Not Have Plenary Powers To Do Away With Mandatory Procedural Requirements: Supreme Court

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