Can a family court order without hearing be reviewed under CPC?

Advocate A M Iktear Uddin (anik) Answered: 05 Dec 2024

An order passed in a family court by a single judge without hearing one of the parties is reviewable under an order 47 rule 1 of the CPC. However, the Supreme Court has laid down that the basic right to be heard is a principal component of natural justice, which can help in delivering fair judgments. It has been given legal recourse in a review petition by challenging an order violated through this principle as presented through various judgments by admitting reviews based on procedural improprieties or denial of opportunities for a hearing. Likewise, this principle is protected within the decisions of the Kerala High Court that vindicated such rightfulness before the imposition of an order.

Advocate Ayantika Mondal Answered: 05 Dec 2024

An order passed by a family court judge without hearing the opposite party can be reviewed under Order 47 Rule 1 CPC if it manifests an error apparent on the face of the record. Review cannot be a tool to reopen and reargue the case, but to rectify gross errors that would damage the administration of justice as reflected in Sow Chandra Kante v. Sheikh Habib and Col. Avatar Singh Sekhon v. Union of India. If absence of a hearing is a fundamental error it might warrant review. In other words, dissatisfaction with an order cannot suffice for review.

Advocate By LEAD INDIA Answered: 05 Dec 2024

Sir, the family court order can be reviewed under Order 47 Rule 1 CPC. The aggrieved party should file a Review Petition highlighting the violation of the right to be heard. It is advised to consult an expert lawyer for the relevant judgments of supreme court concerning the review of such orders. For further legal assistance contact us on our helpline number.