Anonymous
in Procedural Law Civil Procedure Law Enforcement of Civil Judgments Law
Asked October 27, 2017

Review of decision of Family Court

  • 3 Answers
  • 329 Views

If there is any error or mistake in the proceedings of a family court how to get it rectified? Under what section or rule of which code (CrPC or CPC?) we can make an application or petition for rectifying it. Or If it is a suspected malpractice to whom to ask for conducting an enquiry and ascertain the facts of the matter?

Answers 3

You cane file to review the decision of the Family Court. For more details you can visit - https://www.lawfarm.in/question/review-recall-and-revise-order-in-same-family-court

Agree Comment 0 Agrees almost 4 years ago

The opinion expressed by Lawfarm Team holds good.

Agree Comment 0 Agrees almost 4 years ago

The following extract is reproduce as available on www.lawfarm.in website.

It is important to understand the difference between review, revision and appeal in civil cases. The provision of review is given under sec. 114 of Civil procedure Code, 1908, which states that any person who is aggrieved by a decree or order, can apply for a review of a judgment from the same court that passed the decree or order.   Hence is it the discretionary power of the court to entertain your review petition or not and carefully exam the discrepancies.

Grounds for a court to allow review petition:

  • When new and important evidence is discovered.
  • When there is an error or mistake apparent on the face of the record
  • When there is any other sufficient ground

Revision is defined under section 115 of CPC, which states that a High Court can call for Revision of a case of any subordinate court, whose jurisdiction lies under that High Court, and when no appeal lies, provided:

  • If that subordinate court did not have jurisdictional power vested by the law over that case
  • If that subordinate court failed to exercise jurisdiction so vested on it.
  • If that subordinate court acted in the exercise of it jurisdiction illegally or with material irregularity.

Therefore revision means re-examination of cases involving illegal assumption, non-exercise or irregular exercise of jurisdiction.

The entire Part VI of CPC, from section 96 to 112 deals with appeals. Right to appeal is a substantive right, however right to second appeal is only based on substantial question of law. An appeal is made from an inferior court to a superior court the check or determines the soundness of the judgment of a inferior court.

In 2008, the Bombay HC noted that a family court had the power to review and correct its own order if there was an apparent error in it

 

Agree Comment 0 Agrees almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.