( 1 ) THE petitioner has presented this petition questioning the legality of the order of the Family Court refusing to frame issues in M. C. No. 802/1987 pending before it.

( 2 ) IN a petition filed by the 2nd respondent under Section 9 of the Hindu marriages Ac', 1955. the petitioner had filed objections to the petition. On 15-7-88 Learned Counsel for the petitioner (respondent before the Family Court) filed draft issues and requested the court to frame the issues. On the memo filed by the petitioner. Family Court made the following order :-"petr. and Counsel present prays time respt's Counsel files memo that issues have to be framed. As the matter is of a summary proceedings framing of issues does not arise in the M. C. matter and hence the memo is rejected. This petn. is U/s 9 of H M. Act. "

( 3 ) QUESTIONING the legality of the said order, the petitioner has presented this petition. Sri Manjunath, Learned counsel for the petitioner contended that in view of Section 21 of the Hindu Marriage Act, 19b5 as the Code of Civil Procedure has been made applicable, it was obligatory on the part of the Family Court to frame issues having due regard to the pleadings of the parties. Sri Udaya Holla, learned Counsel for the respondent No. 2 submitted that the relevant provisions of the Act would show that the Family Court was required to follow a summary procedure and therefore framing of issue was not required.

( 4 ) IN order to appreciate the question, it is necessary to refer to Section 21 of the Hindu Marriage Act and Sections 10, 15 and 17 of the Family Courts Act. They read : i) Section 21 of the Hindu Marriage act, 1955-"21. Subject to the other provisions contained in this Act and to f uch rules as the High Court may make in this behalf, all proceedings under this Act shell be regulated, as far as may be, by the Code of Civil Procedure, 1908. "ii) Sections 10, 15 and 17 of the family Courts Act. "10 (1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 and of any other law for the time being in force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973) before a family Court and for the purposes of the said provisions of the Code, a family Court shall be deemed to be a civil court and shall have all the powers of such court. (2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 19'3 or the rules made thereunder, shall apply to the proceedings under Chapter ix of the Code before a Family Court. (3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family court from laying down the own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other. 15 In suits or proceedings before a family Court, it shall not be necessary to record the evidence of witnesses at length, but the Judge, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the witness and the Judge and shall form part of the record. 17. Judgment of a Family Court shall contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such decision. " as can be seen from the above provisions. Section 10 cf the Family Courts act is similar to Section 21 of the Hindu marriage Act. Both these Sections make the provisions of the Civil Procedure Code applicable to the proceedings subject to the other provisions of the concerned enactment. As we are now concerned with the jurisdiction of the Family Courts act Sections 15 and 17 of the Family courts Act extracted above are relevant. Section 15 provides that it is not necessary to record evidence at length and that it is s