LADI Vs. BADRI NARAYAN

JUDGEMENT

(1.) The appellant was married to respondent on May 20, 1984 according to the customs of Meena (Scheduled Tribe) Community. The respondent (husband) instituted a suit for declaration in the Family Court No. 2 Jaipur against the appellant (wife) on June 18, 1998 seeking following relief- (This be declared that the parties got separated on May 6, 1995 according to the rites and customs of Meena Community and in front of the persons of the said community and from that day onwards they are no longer husband and wife). Learned Family Court vide its decree and judgment dated June 14, 2000 granted the relief sought by the respondent and decreed the suit. The appellant in the instant miscellaneous appeal seeks to quash the said decree and judgment of the Family Court.

(2.) We have heard learned Counsel for the parties and perused the record.

(3.) Section 13 of the Family Courts Act, 1984 (for short 1984 Act), provides that no party in a suit or proceeding before a Family Court is entitled to be represented by a legal practitioner. In view of this, the Judge, Family Court has to make every endeavour to examine the legal requirements of the case to which the parties are completely ignorant. Under sub-section (3) of Section 10 of the 1984 Act the Family Court can lay down its own procedure with a view to arrive at the truth of the facts alleged by the parties but the Court is not expected to act in a slip-shod manner ignoring the basic legal requirements. It is only the Judge who has to provide the legal assistance to the parties in the matter of framing of the issues. When the pleadings raise points with sufficient clearness, issues should be framed on them though they may not have been put in the pleadings in any particular form. It is the duty of the Family Court to frame issues on all the material points raised in the pleadings of the parties. The Judge must apply his mind and understand the facts before framing issues. In framing issues the Judge should exert himself so as to make him sufficiently expressive of the matter, which he desires to consider under such issues.