Family court should be aware of important issues. It should focus on resolving conflicts first and then make decisions, according to the Gujarat High Court.
The Gujarat High Court stated that the Family Court should be sensitive to matters like marriage, child custody, and maintenance. It should act more as a mediator first and then as a judge. This comment came during an appeal by a woman whose divorce request was denied by the Family Court. Justices Biren Vaishnav and Maulik J. Shelat highlighted that the Family Court should move away from standard civil procedures and adopt a more understanding approach to family issues, which deeply affect the lives of those involved.
The court noted that family disputes should not be treated like regular civil or commercial cases. Instead, the Family Court must handle these matters with care and compassion. The Appellant was represented by advocates M.R. Prajapati and Alka A. Prajapati, while Advocate A.M. Parekh represented the Respondent.
In this case, the Appellant was the wife and the Respondent was the husband. They married in 2009 and had a son in 2012. The wife claimed that serious differences arose between them, largely due to the husband’s gambling habits, which led to significant debt. She alleged that he neglected her and their son, often asking her for money to pay off his debts. Eventually, she stated that both he and his family began to treat her cruelly, prompting her to leave their home in 2013.
The couple has been living apart since then and never lived together again. They later signed a mutual divorce agreement. The wife filed for divorce under Section 13 of the Hindu Marriage Act, 1955 (HMA), which was later amended through an application. The husband did not show up, leading to ex-parte proceedings. The Family Court found that the wife only proved one issue in her favor and dismissed her case. As a result, she appealed to the High Court. The High Court noted that the Family Court should consider the purpose and reasons for the Family Court Act, 1984, as established by Parliament.
The Court established key guidelines for the Family Court when addressing issues:
- The goal of the Act of 1984 should always be pursued, avoiding unnecessary lengthy procedures like those in civil trials. Evidence that is legally prohibited should not influence the final decision.
- The Family Court must approach matters of marriage, child custody, and maintenance with sensitivity. It should avoid a rigid and overly technical mindset, focusing instead on the welfare of those affected by family disputes to fulfill the purpose of the Act of 1984.
- The plaintiff seeking a divorce carries the burden of proof, but this does not require proof beyond a reasonable doubt. Instead, it should be assessed based on the preponderance of evidence.
- It is important to recognize that what constitutes cruelty for a woman may differ for a man. A more flexible and broad perspective is necessary when the Family Court reviews cases where a wife is seeking a divorce.
- When granting a divorce, the Family Court should consider the issue of permanent alimony for the spouse who is vulnerable or unable to support themselves. Appropriate orders for permanent alimony should be made, especially when there are children involved, ensuring their needs are also addressed.
As a result, the Court dissolved the marriage on the grounds of cruelty and desertion under Section 13 of the HMA. The High Court subsequently upheld the appeal and annulled the previous judgment.
Cause Title: ABC v. XYZ (Neutral Citation: 2024:GUJHC:64562-DB)
