Law: Family Courts Act, 1964

Section: 5,9,12-A

(a) Family Courts Act (XXXV of 1964)--- ----Ss.5, 9 & 12-A---Failure of the defendant to attach document(s) along with written-statement---Belated filing and production of document---Provisions of family laws---Principle of purposive interpretation---Section 9(2) of the Family Courts Act, 1964 ('the Act, 1964') clearly provides that where a defendant relies upon a document in his possession or power, he shall produce it or copy thereof in the Court along with the written statement---Subsection (4) of S.9 of the Act, 1964 requires copies of the documents referred to in subsection (2) to be given to the plaintiff along with the written statement on the date fixed for that purpose---Although the word "shall" has been used in subsections (2) & (4) of S.9 of the Act 1964, however, that does not make said provisions mandatory thereby rendering non-compliance thereof absolutely fatal so as to prevent a defendant from belatedly filing and producing in evidence any document that was not filed along with the written statement; the same is primarily for the reason that no such penal consequences have been specified by the Legislature in Section 9 of the Act 1964---It, thus, remains discretionary for the Family Court to permit a defendant to file any document, deliver a copy thereof to the plaintiff that was not filed along with the written statement and produce the same in evidence in a suit---Question then arises what are the principles governing the exercise of such discretion by the Family Court---A purposive rather than literal approach to the interpretation is to be adopted while interpreting provisions of the Act, 1964, therefore, an interpretation which advances purpose of the Act, 1964 is to be preferred over an interpretation which defeats its object---Special forum of the Family Court has been created by the Legislature for expeditious settlement and disposal of disputes relating to marriage and family affairs, as manifest from Preamble of the Act---Section 12A of the Act, 1964 has specified a period within which such cases have to be disposed of by a Family Court---It is a quasi-judicial forum which can draw and follow its own procedure provided such…

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