Third party can seek certified copies of proceedings for his defence in criminal proceedings.

1. Considering the nature of the petition, I am of the view that it is not necessary to order notice on the same to the respondents.

2. Thepetitioner herein filed an application before the Family Court to furnish him with the certified copies of the petition in F.C.O.P.No.1343 of 1997, the decretal order passed in F.C.O.P.No.1343 of 1997 and the judgment in F.C.O.P.No.1343 of 1997.

3. It is seen that a complaint has been registered against Ethirahulu, Lakshmi Ethirajulu, Sridhar and Balaji regarding dowry demand and stoppage of marriage. The petitioner herein is thus arrayed as the first accused in the said complaint. The complainant is the father of the Rekha Malini. The complaint was with reference to the marriage proposal of the 4th accused. viz., the son of the petitioner herein with the daughter of the complainant Rekha Malini. Rekha Malini has also been cited as a witness in the said complaint. Apparently, the proceeding was initiated by Rekha Malini against Balaji, the son of the petitioner herein before the Family Court in F.C.O.P.No.1343 of 1997.

4. The petitioner herein therefore applied for grant of certified copies of the petition in F.C.O.P.No.1343 of 1997, the decretal order passed in F.C.O.P.No.1343 of 1997 and the judgment rendered in F.C.O.P.No.1343 of 1997. In F.C.O.P.No.1343 of 1997, the respondent viz., the husband was set ex parte and a decree for nullity of marriage was passed. Now, the petitioner requests for the above copies.

5. Learned Principal Judge, Family Court, after quoting Rule 128(5) of Civil Rules of Practice, held that being a third party, the petitioner is not entitled to have a copy of the same and thus dismissed the application. Neither the Family Court Act nor the rules framed thereunder contain provisions with regard to grant or refusal to grant copies of orders/petitions etc.

6. Sec.10 of the Family Courts Act only states that the provisions of the Code of Civil Procedure and of any other law for the time being in force shall apply to the suits and proceedings before a Family Court and for the purpose of the said provisions of the Code Family Court, shall be deemed to be a civil Court and shall have all the powers of such court.

7. In the Civil Rules of Practice, I do not find any prohibition as such, preventing the grant of copies to third parties. On the other hand Rule 128 (5) only reads as follows:

“In cases, where it is doubtful whether the document of which a copy is applied for is one for which a copy can or ought to be granted and in all cases, where the applicant is not a party to the suit or proceeding, the application shall be placed before the Judge who shall decide whether it should be granted or refused. If the application is refused by the judge, it shall be returned to the applicant with the order of the Judge endorsed thereon”

I do not find from a reading of the provision of Civil Rules of Practice that any prohibition is there for the grant of copies to a third party. All it says is that only where the applicant is not a party, the application shall be placed before the Judge, who shall decided whether it shall be granted or refused.

8. Learned Principal Judge, Family Court has simply stated that since he is a third party, he is not entitled to have a copy of the same. He has quoted Rule 128 (5) of the Civil Rules of Practice and a reading of the same does not lend any support to the order of the lower Court. It does not prevent or prohibit the grant of copies. Further, the provisions of Civil Procedure Code have been made applicable to a suit or proceeding before a Family Court, and for that purpose, the Family Court shall be deemed to be a Civil Court and shall have all the powers of the Civil Court. The petitioner has stated the reasons in the affidavit as to why he requires, the documents. The petitioner in F.C.O.P. No.1343 of 1997 has lodged a Criminal complaint and a case is registered against the petitioner herein, who is but the father-in-law