framing of issue by family court
Querist :
Anonymous
(Querist) 01 August 2010
This query is : Resolved
Ld counsels,
will the family court frame issues in all cases before taking up the case for trail.
It appears that the procedure laid down under order XIV of CPC is not followed in all cases, however is there any chance that the court will refuse to frame issues even if either party to the suit files an IA for the same.
Please clarify.
Querist :
Anonymous
(Querist) 01 August 2010
Further if it is established that the pleadings are self contradictory and no proper issue of law or fact can be inferred from the pleadings will the court dismiss the case.
Or is it that court will over look all such contradictions and proceed with the case to decide mainly on whether petitioner is entitiled for the relief ignoring all contrdicitons. What I mean is that courts are only considering the case due to the relief prayed and its jurisdiciton to grant it but not going to the issue and material prosistion even they are self contradictory.
Please clarify.
Daksh
(Expert) 02 August 2010
Dear Anonymous,
Yes as the family court is governed by the provisions of civil procedure code as such it has to frame issues before the matter goes to trial.
Your second query is ipso facto clear that in case at any stage on the basis of pleadings and material on record the court forms its opinion that the case merits dismissal then there is no question of proceeding further and in the eventuality of dismissal of case there is no use, justification or reason for framing of issues.
Best Regards
Daksh
