Revision of family court's interlocutory order
Jyot
(Querist) 19 August 2016
This query is : Resolved
There is a divorce case of Hindu marriage petition in Family court. A Respondent has not filed the written statement beyond the time limitation as he wants to do endeavors of reconciliation in the first instance before filing of written statement in respect of section 9 of The Family Courts act and section 23(2) of The Hindu Marriage Act.
However, Family court has not tried for reconciliation between parties, in spite of that, family court, in its discretion, has refused the application of adjournment for written statement of respondent and gave order for strike off stage of written statement of respondent.
Now, respondent wants to do revision of this family court’s order because the main objective of the family court is to do reconciliation between parties. There are various supreme court and High courts judgments which reported that endeavors of reconciliation do before filing of written statement in matrimonial dispute related suit and if reconciliation fails, respondent shall file written statement. But, the family court has strongly followed the civil procedures rules, in spite of, following objective of family courts.
1.Whether such order of family court called as Interlocutory order or not?
2.Can respondent do revision of such order of family court in same family Court?
3 Can respondent do appeal/revision in High court against the refusal order of revision in family court,if family court refuse the revision application of the respondent, ?
Devajyoti Barman
(Expert) 20 August 2016
1. The order passed by the court can not be revised by same court.
2.Yes, revision lies in high court.
3. As sated above no revision lies in the same court.
Rajendra K Goyal
(Expert) 20 August 2016
Same court can not revise its own orders, High court has to be approached.
R.K Nanda
(Expert) 20 August 2016
File revision in high Court.