FIRST LAW

The Code of Civil Procedure, 1908 - Order XXXVIII Rule 5 -  The Family Courts Act, 1984 - Section 10 (1) -  Power of the Family Court to order attachment of property before judgment.

Evidence Act, 1872 - Section 65B (4) -  Family Courts Act, 1984 -  Section 14 - W hether the CD produced before the Family Court could be admitted in evidence in the absence of certification - Held, the CD produced before the Family Court is admissible in evidence, despite the fact that it was not certified.

Code of Criminal Procedure, 1973 - Sections 125 & 482 - Family Courts Act, 1984 - Sections 7, 8, 10, 19 & 20 - Jurisdiction - Appeal -  the area covered by the Family Courts Act, is the area properly demarcated and only to that extent, there would not be applicability of the Code.

Civil P.C. 1908 - O. 9 R. 13 -  Family Courts Act, 1984 - S. 19 - Hindu Marriage Act, 1955 - Ss. 13(1)(ia), 13(1)(ib) & 13(1)(iii) -  Defendant who has suffered an ex parte decree passed by the Family Court has right of appeal against such decree though he has not exercised his remedy under Order IX Rule 13 of the Code.

Civil P.C. 1908 - S.151 -  Every procedure is to be understood as permissible till it is shown to be prohibited by law. Every court must be deemed to possess all such powers as may be necessary to do the right and to undo the wrong. Section 151 of the Code does not give the court any new power. It merely declares that the court has inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. Inherent power can be exercised to do real and substantial justice. (Para.11)

Family Courts Act, 1984 - Section 19 - Divorce Act, 1869 - Section 10A - A decree of dissolution of marriage passed on mutual consent cannot be “a decree or order passed with the consent of the parties”. A decree dissolving the marriage under Section 10A of the Act is made based on the satisfaction of the court regarding existence of certain basic ingredients and statutory requirements. Such a decree cannot be termed as a decree passed merely on consent of the parties.

Code of Criminal Procedure, 1973 - Section 125 - Family Court Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Sections 24, 28 - Husband has to maintain and must maintain his wife, that being pious obligation to discharge as per Hindu Shastra.

Family Courts Act, 1984 -  S.19  - Appeal -  ex parte decree -  Is an order passed by the Family Court setting aside an ex parte decree appealable ?

Constitution of India -  Art. 227 -  Evidence Act, 1872 -  S. 112 -  Criminal Procedure Code, 1973 -  Ss. 125 & 362 -  Family Courts Act, 1984 -  Ss. 7, 8 & 20 - W hether the Minor child is entitled to receive maintenance from his biological father under section 125 of the Cr.P.C.

Family Courts Act, 1984 -  S. 19 -  Hindu Marriage Act, 1955 - Ss. 13B &  28  -  Divorce by mutual consent -  Wife has preferred appeal against the decree for dissolution of marriage passed with the consent of the parties by the Family Court - Whether  a decree passed by consent can be challenged by way of appeal ?

Family Courts Act, 1984 - S. 15 - Family Courts (Kerala) Rules, 1989 - Rule 48 - Evidence - Record of Oral Evidence - The Family Court shall have the evidence of the witnesses recorded by the Advocate Commissioner appointed only if either parties to the lis have no objection to adopt such course of procedure - The witnesses shall be permitted to be examined before the face of the Court itself if either parties to the lis insist on such procedure in which event the Judge need record substance of the deposition only.