SHEMEERA Vs. SHANI

JUDGEMENT

(1.) "It has been laid down again and again that one should be very careful before permitting the issue of a commission which will deprive the other side of the great advantage of having a witness cross-examined before the face of the Court itself."

(2.) The petitioner and respondent are wife and husband between whom cases are pending on the file of the Family Court, Chavara the details of which are as follows:

(3.) The petitioner contends that the provisions of the Code of Civil Procedure shall apply to the suits and proceedings before a Family Court only subject to the provisions of the Family Courts Act, 1984 ('the Act' for short). It is the prerogative of the Judge and the Judge alone of the Family Court to record a memorandum of the substance of what the witness deposes which cannot be exercised by an Advocate Commissioner. The petitioner adds that sensitive issues crop up in marital disputes and that an Advocate Commissioner shall not be appointed to record evidence in every case. The petitioner submits that the power to record evidence in the instant case ought not to have been delegated to the Advocate Commissioner in the wake of her vehement objection for the same.