Respondent - family court: validity
Anurag Mittal
(Querist) 17 March 2014
This query is : Resolved
Can in view of visible prejudice substantiated by documentary evidence and reckless non compliance of statutory provisions by Family Court- be a ground to File a Writ Petition at High Court.
2. Can in the above case , instead of making the party as respondent and then praying for directions to the Principal Judge , Can Family Court itself be made a respondent in the writ petition and then necessary directions be prayed from the HC to be given to Family Court - Principal Judge to conduct the proceedings per law and also to hear and record the contentions of the petition as the petitioner is aggrieved that his submissions are not recorded in completeness though even minor submissions of the opposite party are recorded in complete.
Devajyoti Barman
(Expert) 17 March 2014
No court can be made a party if it passed an order in its normal judicial function.
The writ petition you are talking about has no merit.
If you are aggrieved by any order of the court, go for Revision only.
Rajendra K Goyal
(Expert) 17 March 2014
Court which has delivered the judgement in normal judicial process can not be made a party in appeal.
You can file revision or appeal as the case may be if aggrieved from the decision.
