ANUSHA Vs. K SHANKAR RAMAN

JUDGEMENT

(1.) THESE revisions arise out of the interlocutory orders of the Family court, Bangalore. In view of the preliminary objections raised by the learned Counsel for the respondent, the short question that arises for consideration in these revisions is whether a revision lies to this Court under Section 115, CPC against the interlocutory orders passed by the family Court.

(2.) THE Family Courts in the State of Karnataka were established by government of Karnataka after consultation with the High Court of karnataka for the purpose of deciding cases filed within the jurisdiction of the Family Court. The Law Commission in its 59th report (1974) had also stressed in dealing with disputes concerning the family, the Court ought to adopt an approach radically different from that adopted in ordinary civil proceedings and that it should make reasonable efforts at settlement Before the commencement of the trial. The Code of Civil procedure was amended in 1976 to provide for a special procedure to be adopted in suits or proceedings relating to matters concerning the family. However, not much use has been made by the Courts in adopting the conciliatory procedure and the Courts continue to deal with family disputes, in the same manner as other civil matters and therefore the government thought it fit to introduce this Statute which seeks to provide the jurisdiction to the Family Courts in the matters relating to:

(3.) SECTION 8 provides for exclusive jurisdiction of the Family Court even in case of pending proceedings. Section 19 was amended by Act 59 of 1991. A revision under Section 115 of the CPC is provided under section 19 (4) for the purpose of examining the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding. Section 19 (1) specifically provides an appeal from every judgment or order not being an interlocutory order, of a Family Court to the high Court both on facts and on law. Section 19 (5) specifically bars an appeal or revision against the order or decree of the Family Court except as provided under Section 19 (1) (2) (3) and (4 ). (emphasis supplied)