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Family Courts Act, 1984 10. Procedure generally (1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings] other than proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)], before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a Civil Court and shall have all the powers of such court. (2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973, (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court. (3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other. Comment: As the said order of 20th April, 1991 made it impossible for the wife to contest the divorce petition in the Family Court and facilitated an ex parte divorce decree in favor of the husband, in the extraordinary and peculiar circumstances of this case, we allow the appeal and set aside the ex parte divorce decree. Anita Lame Aryan Singh, Appellant v. Lame Marian Singh AIR 1992 SUPREME COURT 1148    |
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