Law: Family Courts Act, 1964

Section: 14

(a) Family Courts Act (XXXV of 1964)--- ----S. 14---Adjudication of appeal under S. 14 of the Family Courts Act, 1964---Obligations of the first appellate court---Scope---Suit for dissolution of marriage and recovery of dowry and maintenance allowance was decreed and first appeal thereagainst by the petitioner/husband was dismissed---Contention of petitioner/husband inter alia was that the order of the first appellate court was bereft of any reason and was made without appraisement of evidence and without an independent mind---Validity---Appeal under S. 14 of the Family Courts Act, 1964 was a substantive right and was in continuation of proceedings which came entirely upon the first appellate court carrying with it the right of rehearing law and facts as well as reviewing pleadings and evidence afresh---First appellate court was duty bound to deal with all issues as first appeal was a valuable right in which both questions of law and facts were to be considered---Impugned of first appellate court was made without recording any reasons in support thereof and no ascertainment of facts upon appreciation of evidence was made---High Court observed that impugned order could not be regarded as proper and was not an honest discharge of the duty of the first appellate court --- Impugned order was set aside and matter remanded to appellate court for decision afresh in accordance with law---Constitutional petition was allowed, accordingly. (b) Administration of Justice---- ----Judicial obligations, discharge of---Observance of the principles of natural justice---Scope----Essential for a Judge to give fair and proper hearing to the person sought to be affected by his/her order and give sufficiently clear and explicit reasons in support of order made by him/her---Rule requiring independent reasons to be given in support of an order is like the principles of audi alteram partem, basic principles of natural justice which must be observed in its proper spirit and mere pretense of compliance with the same would not satisfy the requirements of law. THIS JUDGMENT DELIVERED BY: SHAHID WAHEED, JUSTICE:---.--- This constitutional petition is of the defendant and arises from a suit…

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