VIJAY KAUR Vs. RADHEYSHYAM

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged the constitutional validity of Section 13 of the Family Courts Act 1984 there inafter referred to as the 'Act'). This question is not res -integra and has already been dealt with by the Supreme Court in Kanpur Bar Association v. Union of India a (Writ Petition No. 1124/87) decided on January, 4, 1988 wherein the Supreme Court has observed :

(2.) IN this view of the matter, we find force in the present writ petition. It would be open to the petitioner to move afresh before the Family Court for allowing him representation by a legal practioner or by an Attorney, justify Jug the circumstances for such representation and the family Court shall, on such application doing made, decide the question on the light of the observations made by the Supreme Court in the aforesaid judgment.

(3.) ACCORDINGLY the writ petition is disposed of with the observations made above.