MOIDEEN BAVA MANCHESRA BANOT Vs. SHAHIDA

JUDGEMENT

(1.) Is a party to a proceeding before the Family Court entitled to apply for a copy of the order through his counsel when he is unable to appear before the court personally to apply for and receive such a copy Does Section 13 of the Family Courts Act or Rule 9 of the Family Courts (Procedure) Rules take away such an option of a party to a proceeding before the Family Court These are the interesting questions that come up for consideration in this Writ Petition.

(2.) This is the second time the petitioner is coming before this Court. Against him, his wife has secured an order dissolving the marriage as per an ex parte order passed in O.P. No. 124/05. He applied for a certified copy through his counsel. That application was returned with an endorsement that 'the party must apply directly for the certified copy'. The petitioner is employed abroad. He could not come to India to personally apply for a copy. So, he filed W.P.(c) No. 2725/06 before this Court to direct the Family Court to issue a copy to him through his counsel. WP.(c) No. 2725/06 was disposed of directing the Family Court to consider the application and pass a speaking order.

(3.) Accordingly, the application was re-presented and Ext.P4 order has been passed wherein the court below placing reliance on Section 13 of the Family Courts Act and Rule 9 of the Family Courts (Procedure) Rules has again returned the application for proper personal presentation by the petitioner.