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In matrimonial dispute,court can issue warrant to secure pre

In Matrimonial dispute,court can issue warrant to secure presence of party for reconciliation

 
From the above case-law, in our judgment, it is clear that a Court is expected, nay, bound, to make all attempts and endeavours of reconciliation. To us, sub- section (2) of Section 23 is a salutary provision exhibiting the intention of Parliament requiring the Court 'in the first instance' to make every endeavour to bring about a reconciliation between the parties. If in the light of the above intention and paramount consideration of the Legislature in enacting such provision, an order is passed by a Matrimonial Court asking a party to the proceeding (husband or wife) to remain personally present, it cannot successfully be contended that the Court has no such power and in case a party to a proceeding does not remain present, at the most, the Court can proceed to decide the case ex parte against him/her. Upholding of such argument would virtually make the benevolent provision nugatory, ineffective and unworkable, defeating the laudable object of reconciliation in matrimonial disputes. The contention of the learned counsel for the appellant, therefore, cannot be upheld.


Supreme Court of India
Jagraj Singh vs Birpal Kaur on 13 February, 2007
 
Bench: C Thakker, L S Panta

https://www.lawweb.in/2013/07/in-matrimonial-disputecourt-can-issue.html



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 2 Replies

shambhu pandey (assistant)     22 July 2013

yes it is worthy to issue bailable warrant just only to compel his/her attendence through police force..

ashoksrivastava (scientist)     22 July 2013

Salutory judgement,adds more teeth to family court. Regards Ashok

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