Whether Family Court has power to pass order of common recording of evidence in criminal matter and civil matter?
The Family Court can lay down its own procedure in
respect of (i) settlement; and (ii) adjudication. Therefore, the
submissions of the learned counsel that the matter under section 125 of
Cr. P.C. and any other Civil Petition filed under the Family Court Act cannot
be tried together, are baseless. A common evidence can be recorded by
the Family Court in the maintenance matter under section 125 of Cr. P.C.
and any other petition that may be divorce or custody or under
maintenance and Guardian Wards Act. Thus, there is no violation of the
procedure laid down under section 10 of the Family Court Act. The
impugned order passed by the learned Judge of the Family Court cannot
be faulted with.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3888 OF 2015
Rameshwar Madhavrao Bachkar .
Vs.
Sau. Pratibha R. Bachkar .
CORAM : MRS.MRIDULA BHATKAR, J.
Dated:SEPTEMBER 2, 2015.
Citation:2016(5) ALLMR 122
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