Civil Revision Petition No. 734 of 2011 · High Court · 2011
Case at a glance
Outcome
Allowed
In view of the same, the Civil Revision Petition is allowed and
Provisions considered
- Constitution of India art. 227
- Hindu Marriage Act, 1955 s. 23(2)
- Family Courts Act, 1984 s. 9
- Code of Civil Procedure, 1908 r. 4
Judgment
The petitioner filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the inaction on the part of the Family Court, Hyderabad, in not referring the parties to reconciliation before the International Center of alternative disputes resolution, regional Center, Hyderabad, by considering the petition in IA.SR.No.8977 of 2010 filed under Section 23 (2) of the Hindu Marriage Act, 1955 and under Section 9 of the Family Courts Act, 1984, read with Order XXXII-A Rule 4 of the Code of Civil Procedure,
Operative part
1908. The only contention of the petitioner is that the above said petition is not being taken up by the Court below for referring the same to reconciliation and instead, insisting for trial. It is now well established and mandatory on the part of the Courts not only in the case of applications of this nature but also in other cases to refer the matters for reconciliation instead of insisting for trial. In view of the same, the Civil Revision Petition is allowed and the matter is remitted back to the Court below. The Court below is directed to take up the said application and refer the matter to reconciliation. No costs. _________________ (B.PRAKASH RAO, J) 4th March 2011 RRB
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the same, the Civil Revision Petition is allowed and
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Hindu Marriage Act, 1955 — s. 23(2); Family Courts Act, 1984 — s. 9; Code of Civil Procedure, 1908 — r. 4.
Which court decided this case, and when?
Andhra Pradesh High Court, on 04 Mar 2011. The bench was B PRAKASH RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.