Case Note & Summary
The appellant-husband challenged the judgment and decree dated 24th April 2015 passed by the Family Court at Bandra, Mumbai in Petition No. A-869 of 2013. The respondent-wife had filed the petition seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and also prayed for various other reliefs, including a direction to the husband to pay Rs. 2,21,400/- with interest at 12% per annum. The Family Court granted the decree of divorce and directed payment of the said amount. The husband appealed, contending that the Family Court did not frame issues as required under Order 14 Rule 1 of the Code of Civil Procedure, 1908, and did not grant him an opportunity to lead evidence. The High Court examined the record and found that no issues were framed and the husband was not given a chance to lead evidence. The Court held that the failure to frame issues and the denial of opportunity to lead evidence rendered the decree unsustainable. The High Court set aside the decree and remitted the matter back to the Family Court for fresh adjudication, directing that issues be framed and both parties be given full opportunity to lead evidence. The appeal was allowed, and the civil applications were disposed of.
Headnote
A) Family Law - Divorce - Section 13(1)(ia) Hindu Marriage Act, 1955 - Procedural Irregularity - Family Court failed to frame issues and did not grant opportunity to husband to lead evidence - Decree directing payment of Rs. 2,21,400/- with 12% interest set aside - Held that failure to frame issues and denial of opportunity to lead evidence vitiates the decree (Paras 4-6). B) Civil Procedure - Framing of Issues - Order 14 Rule 1 CPC - Mandatory Requirement - Family Court must frame issues arising from pleadings - Failure to do so renders the judgment unsustainable - Held that the matter must be remitted back for fresh adjudication after framing issues and giving both parties opportunity to lead evidence (Paras 5-6).
Issue of Consideration
Whether the Family Court decree directing payment of Rs. 2,21,400/- with interest is sustainable when no issues were framed and the appellant was not given an opportunity to lead evidence.
Final Decision
Appeal allowed. Impugned judgment and decree set aside. Matter remitted back to Family Court for fresh adjudication after framing issues and giving both parties opportunity to lead evidence. Civil applications disposed of.
Law Points
- Family Court must frame issues under Order 14 Rule 1 CPC
- parties must be given opportunity to lead evidence
- decree without framing issues is unsustainable
- matter to be remitted back for fresh adjudication
