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1993 Supreme(Bom) 12

S.P.KURDUKAR, A.P.SHAH
Lata d/o Baburao Pimple – Appellant
Versus
Union of India and others – Respondent


JUDGMENT- S.P. KURDUKAR, J.:---This batch of writ petitions filed under Article 226 of the Constitution of India raise a common question as regards constitutional validity of sections 3 and 13 of the Family Courts Act, 1984 (hereinafter referred to as the said Act) and certain Rules framed thereunder. In some of the petitions challenge is also made to the impugned orders passed by the learned Judges of the Family Courts rejecting applications of the petitioners for allowing them to be represented by an Advocate.

2. Before we deal with constitutional challenges, a brief reference to the Statement of Objects of the Act will facilitate to appreciate the rival contentions. The said Act was passed sometime in the year 1984. Statement of Objects and Reasons contained in Bill No. XXI of 1984, that several associations of women, other organisations and individuals have urged, from time to time, the necessity of establishing the Family Courts for settlement of family disputes. It was also urged that emphasis should be laid on the conciliation and achieving specially desirable results. Adherence to the rigid rules of procedure and evidence should be eliminated. The Law Commission in its 59th




























































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