On Wednesday the Supreme Court after hearing the matter in a case with the title Aman Lohia vs Kiran Lohia gave a judgment that the Family courts does not have plenary powers in order to part its way with the mandatory procedural requirements which guarantee fairness and transparency for adjudication of claims.

The basic aim to establish the Family Courts is to resolve the rival claims of the parties and while doing so it is mandatory for them to adhere to the norms prescribed by the statute, the Court held.

“Family Court is expected to follow a procedure known to the 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 the determination and render a decision thereon by recording reasons for such decision,” the judgment said.

In order to resolve the dispute between the parties the court is required 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, the Court added.

The judgment was delivered by a three-judge Bench of Justices AM KhanwilkarBR Gavai, and Krishna Murari in an appeal by a father (appellant) challenging a September 2019 order of a family court granting custody of the child to his wife after concluding that the father had “abandoned the petition”.

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