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s..i..n..g..h.. (member)     17 January 2012

Whether sec 151 cpc is available in family court

Dear Sir

i have filed a petition in family court / additional district and session judge court that  an order may be passed by court( by invoking CPC151 inherent power to meet the end of justice ) that my wife who is holding passport will not leave the country without permission of the court or an injunction may be passed that she will not leave the country till pendency of trial

now the opponent lawyer submitted objection that court has no jurisdiction to pass such order /entertain application

kindly guide me whether court which is a civil court acting as family court presided by addl. district and session judge is power less in such case



Learning

 9 Replies

Damayanti (Unemployed)     17 January 2012

Such an order can not be passed.

 

CPC 151 is not meant create new laws/remedies by judiciary.

 

Your case may go on further ex-parte if other party remains absent.

 

Better ask to expedite trial on a day to day basis.

s..i..n..g..h.. (member)     17 January 2012

not satisfied by ur reply

yes sec 151 can not create new rules where any specific provision is given in law but sec 151 can be invoked to ensure justice would be done where no specific law is provided

VIRAJ KADAM (Advocate Supreme Court of India)     17 January 2012

Dear Friend,

 

In normal course of proceedings the ‘Family Court’ would not pass the orders you have sought. Orders of surrendering the Passport and not to leave the country would be necessary in the criminal and civil cases where the accused or the defendants are likely to escape the legal proceedings. In family case such order may be passed in the wife or the husbands are likely to flee with kids and the custody issue is involved.   

 

 Regards

 

VIRAJ KADAM

Advocate,

Supreme Court of India

 

s..i..n..g..h.. (member)     17 January 2012

yes i know that a family court may not pass such an order but the question is whether the capacity to pass such order is vested in family court or not , means whether the objection of opponent lawyer that it is not in jurisdiction of court to pass such order/invoke cpc 151     is right or wrong, moreover i am not asking to surrender the passport , i am just asking that she will leave the country under intimation to court and  with the permission of court only

Ashish Chakravarty (Advocate)     18 January 2012

Singh sahab, as you have asked a very specific question in your last post, il try to respond to that, in my humble opinion Civil Court/ Family Court has the necessary jurisdiction to make such an order, however in your case i dont think that u might get one, preventive action and powers whereof have been bestowed upon these courts however they are to be used sparingly and in special circumstances.

One more thing Section 151 is only used where there is no available provision or remedy, if in event you have moved an interim injunction application that means that you are seeking remedy under specific relief act and provisions whereof, these 2 contentions of urs are slightly self contradictory and im not getting it, if you would be kind enough to post the grounds and the exact language then maybe we could discuss it here a little more with help of our seniors.

VINAYAGAMOORTHY (Chief Executive Officer)     18 January 2012

dear friend ,the family court having jurisdiction to pass order  to impounding passport for certain legal nececity .further  better understanding you may go throug the citation  (2011)1 S.C.C.(CIVIL)106

s..i..n..g..h.. (member)     19 January 2012

i have searched the net and found below judgment as suggested by you

Raghbinder Singh v. Bant Kaur, (2011) 1 SCC 106

 

Premature suit - Maintainability - Suit for damages for loss of dependency and mental agony filed by widow and children

THAT IS NOT Relevant in my case of power of family court to use 151 CPC, kindly correct me if i am wrong

 

 

 

 

 

VINAYAGAMOORTHY (Chief Executive Officer)     21 January 2012

kindly go through  (2011) 1 scc (civil)106

Rohitash Kumar Arya   02 February 2018

No one can stop court from using it's inherent power, whatever order it may Pass. But it has to give reasons, how it reached to conclusion to pass such order. Judges do all corruption under this section. Only option that u have is to appeal. In upper court HC or SC. U will have to go SC as maximum judges are corrupt till HC

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