Source: Allahabad High Court 

Why in News? 

A bench of Justice Manish Kumar Nigam held that provisions of CPC apply to proceedings before the Family Court. 

• The Allahabad High Court held this in the case of Nagendra Sharma And Another v. Court of Principal Judge Family Court Gonda. 

What was the Background of Nagendra Sharma And Another v. Court of Principal Judge Family Court Gonda. Case?

• The Petitioner No 1 was married to Respondent no 2 and two children were born to them. 
• Application was filed by Petitioner No 1 under Section 13 of the Hindu Marriage Act, 1955 (HMA) which was allowed by the judgment and decree passed by the Principal Judge, Family Court, Gonda by judgment and decree dated 16th January 2019 and 28th January 2019. 
• The Respondent No 2 filed an application under Order IX Rule 13 of Civil Procedure Code, 1908 (CPC) along with application under Section 5 of Limitation Act for condoning delay and stay application for judgment and decree dated 16th January 2019 and 28th January 2019. 
• The petitioner has prayed a writ of prohibition restraining the Respondent No 1 to proceed with proceedings under Order IX Rule 13 CPC on the ground that in view of Section 19 and Section 20 of Family Court Act, 1984 (FCA) the Principal Judge, Family Court has no jurisdiction to entertain a petition under Order IX Rule 13 read with Section 151 of C.P.C.  
• The Respondent has however submitted that Respondent no 1 was within the jurisdiction to entertain the petition under Order IX Rule 13 CPC read with Section 151 CPC.

What were the Court’s Observations?

• The Court firstly, discussed the following points on writ of prohibition: 
  • The paramount object of prohibition is to prevent encroachment of jurisdiction. 
  • Writ of prohibition is not a proceeding between the private litigants at all 
  • In fact, it is a proceeding between two courts, a superior court and a inferior court and as the means whereby the superior court exercises its power of superintendence over an inferior court by keeping the later within the limits of the jurisdiction conferred on it by law. 
• The Court perused Section 10 of FCA and held that the provision clearly provides that provisions of CPC shall apply to proceedings before the Family Court and the Family Court shall be deemed to be a civil court and shall have the powers of such court.   
• Thus, the Court held that writ of prohibition cannot be issued in this case as the Family Court has jurisdiction to entertain an application under Order IX Rule 13 CPC.

What is Section 10 of FCA? 

• Section 10 (1) of FCA provides for the procedure to be applicable in proceedings before the family Court: 
  • Applicability of Laws: The Family Court follows the rules of: 
    • The Code of Civil Procedure, 1908. 
    • Any other law currently in force. 
  • Exceptions: The rules don't apply to cases under Chapter IX of the Code of Criminal Procedure, 1973 (CrPC), which deals with maintenance-related proceedings. 
  • Family Court Status: For civil cases, a Family Court is treated like a Civil Court. 
  • Powers of a Civil Court: The Family Court has all the powers that a Civil Court possesses. 
• Section 10 (2) provides for proceedings under Chapter IX of CrPC: 
  • Applicability of Criminal Procedure: For cases under Chapter IX of the Code of Criminal Procedure, 1973 (related to maintenance and related matters), the rules of that Code apply in Family Court proceedings. 
  • Subject to Act and Rules: These rules are followed as long as they do not conflict with the provisions of the Family Court Act or its rules. 
  • Focus on Chapter IX: The Family Court specifically applies the Code of Criminal Procedure for cases under Chapter IX. 
• Section 10 (3) provides the following: 
  • Family Court Flexibility: A Family Court is not restricted by the procedures mentioned in sub-section (1) or sub-section (2). 
  • Creating Its Own Procedure: The court can set its own procedures to: 
    • Help reach a settlement between the parties. 
    • Determine the truth of the facts presented by one party and denied by the other. 
  • Purpose: This flexibility ensures quicker and fairer resolution of disputes. 

What are the Landmark Cases on Applicability of CPC in Proceedings before the Family Court ? 

• Munna Lal and etc v. State of UP and another (1990) 
  • The Code of Civil Procedure (C.P.C.) and any other current laws apply to suits and proceedings in Family Court. 
  • For matters under Chapter IX of the Code of Criminal Procedure (Cr.P.C.), the Cr.P.C. provisions apply. 
  • Family Court is treated as a civil court for cases mentioned in Section 7(1) (explanation) of the Act. 
  • It acts as a substitute for district courts or subordinate civil courts, depending on the case. 
  • Section 10 ensures that the C.P.C. applies to civil matters and the Cr.P.C. to maintenance and related proceedings, depending on the type of case the Family Court handles. 
• Ranvir Kumar v. Judge, Family Court, Moradabad and others (1998) 
  • The Court in this case was considering the issue whether an appeal can be filed under Section 19 of the Family Court Act or a writ petition is required to challenge an order by the Family Court under Order IX Rule 13 C.P.C. 
  • The Court held that an order by the Family Court allowing an application under Order IX Rule 13 C.P.C. is considered a final order, not an interlocutory order. 
  • Hence, the Court held that an appeal can be filed under Section 19 of the Family Court Act to challenge it.
• Rabindra Singh v. Financial Commissioner Co-operation Punjab and others (2008) 
  • The Court in this case made the following observations: 
    • • Courts possess inherent powers to set aside an ex parte order, even if there is no explicit legal provision allowing it. 
      • These powers arise from the need to uphold the principles of natural justice, which ensure fairness in legal proceedings. 
      • The absence of a specific statutory provision does not bar the court from exercising such powers. 
      • The judgment emphasizes that fairness and justice in court processes are of paramount importance.