Family Courts Not To Remain a Neutral Umpire, Can Order Enquiry to Find Out Truth
Case: Nisha Haneefa v. Abdul Latheef & Ors.
Coram: Justice A. Muhamed Mustaque and Justice Sophy Thomas
Case No.: OP (FC) NO. 290 OF 2020
Court Observation: “…no doubt judges of Family Courts have to be impartial or neutral, but proceedings or processes are not ordained to be away or aloof from making enquiry to find the truth of the real dispute.”
“In many of the matters like custody, maintenance, matrimonial status etc., the responsibility of the Court is to find out the truth. The focus of the enquiry is to be on the objectives to be secured rather than focusing on the subjective element of the dispute. The very purpose of entrusting family disputes to the Family Court from ordinary Civil Court is to focus not on the rights and obligations of the disputants but on the interest of the parties and welfare of the subject of the dispute.”
“To find out the truth, the Family Court does not require the consent of the parties. If fairness is reflected in any of the approaches, such an approach is clothed with legal protection.”
“The presiding officer remains a neutral umpire, watchfully eyeing on the rules and procedure, to give a verdict. The sad plight of the functioning of the Family Court, often, is portrayed before this Court by challenging the orders, invoking Article 227 of the Constitution.”
“No prejudice will be caused if the real facts are brought before the Court. If it was a collusive effort, certainly it is a matter which requires conclusion of the proceedings.”
“Many of the disputes can be resolved by assisting parties to arrive at a mutually agreed settlement. Unidentified personality disorders, behavioural problems, hormonal imbalances may sometimes cause a rift in marital relationships. In the absence of medical expert’s assistance, the parties may not be in a position to identify their problems.”
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