KU PRIYANKA AGARWAL Vs. ABHAY AGARWAL

JUDGEMENT

(1.) THIS is an appeal under Section 19 of the Family Court Act, 1984 against order dated 21-10-2003 of the Family Court, Bhopal by which the applications under Section 5 of the Limitation Act, 1963 and under Order 9 Rule 13, CPC for setting aside ex-parte order dated 29-4-2003 in M. J. C. No. 53-A of 2002 have been rejected.

(2.) ARGUMENTS of both the sides heard. The dispute was between the maternal grand-mother and the father of two minor children aged 4 years and 1 year regarding their custody. It appears from the proceedings that the grand-mother could not appear on certain dates and therefore, she was proceeded ex -parte. It is well settled that in proceedings under the Guardians and Wards Act, the paramount consideration is the welfare of minor children. There are allegations and counter allegations in the application for appointment of guardianship and its reply. Therefore, it would be in the interest of justice that evidence of both the sides is recorded and then a suitable order is passed.

(3.) THE present case is of such nature in which the parties can not put forward their case before the Family Court without the assistance of the Counsel. Therefore, the Family Court will permit both the parties to be represented through Advocates. In such complicated cases normally the Family Courts should permit the Advocates to represent the parties so that there are no chances of any injustice to the parties. In this connection the decision of the Division Bench of Bombay High Court in Leela Mahadeo Joshi v. Mahadeo Sitaram Joshi, AIR 1991 Bombay 105, should be referred to. Certain portions of Paras 17 to 19 of this judgment are reproduced as under :-