Curtailment of Liberty

@ Author


1. The Order of Family Court (FC in short) suffers with “material illegality” just for a simple reason that it is essentially a dispute of civil nature between a wife and a husband and second Family Court Act was enacted to resolve quickly issues of civil nature pertaining to a Family and it amounts to abuse of process of law to even file such application before a FC.

2. Thus the Order of Family Court “material impropriety” as from the presented brief no prime facie case made out by wife to bound down a husband to such a baseless award by a FC.


3. The award also suffers with “material correctness and also with material irrationality” opined so in bare reading of your presented brief.


Suggest to challenge the same before a DB at State’s HC and seek its set aside / quash citing approach of FC is radically different than a Criminal Court and read out word by word paras from voluminous Re. Menaka Gandhi Vs. UOI, AIR 1978 SC 597 especially the rites of a person under ‘life and liberty’ several lengthy arguments therein (and not the Passport related once though citation is pure passport impounding based but lots of valuable insight on a persons life and liberty is reasoned out in this gem of a re. by the then Lordships Bench)


All the best.

are there any pending criminal cases also?

" husband should seek permission of the family court as and when he wants to travel abroad"

if criminal cases like 498a or dv pending, then as a practice, court ordered such, otherwise definitely , it is a curtailment of personal liberty under art 21 of coi.

No there are no criminal cases.

The Hon'ble Bombay High Court recently has quashed and set aside the order of the trial court which curtailed  the liberty of the petitioner.