The Madras High Court has cautioned Family Courts to not rush the Child Custody Cases without awaiting Oral/Documentary Evidences.
The division bench of Justice M.Duraiswamy and Justice Sunder Mohan was adjudicating upon an appeal by a father seeking custody of his minor child against a single-judge order denying him the same.
The appellant-husband filed the Original Petition under Sections 3, 7 to 10 and section 25 of the Guardian and Wards Act read with Order XXI Rule 2 and 3 of the Original side Rules praying for grant of permanent custody of the minor male child and to appoint him as the guardian.
The same was dismissed for the reason that the petition was not properly contested.
Learned Counsel appearing for the appellant submitted that the minor boy aged 4½ years and the appellant-father is having the custody of the minor child right through. Further the learned counsel submitted that the learned Single Judge dismissed the petitioner without recording the oral and documentary evidences of the parties and solely based on the pleadings.
He argued that the dismissal of the petition by the learned Single Judge without affording an opportunity to the parties to let in oral and documentary evidences is against the provisions of the law, hence, on that ground alone the order passed by the learned Single Judge is liable to be set aside.
The Court at the outset noted that it is settled law that while deciding the Original Petition to appoint the guardian the courts should allow the party to let in oral and documentary evidences.
It thus accordingly set aside and the matter is remitted back to the learned Single Judge to decide the matter afresh after affording the parties to let in oral and documentary evidences. The Court also requested the learned Single Judge to dispose of the Original Petition as expeditiously as possible, preferably, within a period of four months.
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments