AI Overview...
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Inherent Power of Family Court under Section 151 - The Family Court has inherent powers under Section 151 of the Civil Procedure Code (CPC) to pass necessary orders, including striking out pleadings, consolidating trials, and preventing abuse of process. This power is similar to that of other courts under CPC and is invoked to ensure justice and proper administration of proceedings Pramodini Vijay Fernandes VS Vijay Fernandes - Bombay, Rana Ram VS Payal - Rajasthan, Asa Nand VS Baldev Raj - Allahabad, MAHESH vs ROOPA Advocate - K M FIROZ, ,K M FIROZ,M SHAJNA,UMMUL FIDA - Kerala, MAHESH vs ROOPA - Kerala, Hari B. , S/o. Balakrishnan Nambiyar VS Harsha S. , D/o. P. D. Subash - Kerala, R.SIMIL KUMAR Vs SNEHA SANKARANARAYANAN, - Kerala, Sanjeev Indravadan Dani VS Rupal Sanjeev Dani - Bombay, Anita VS Mahaveer Sancheti - Madras, Lalit Kishore VS Meeru Sharma - Supreme Court.
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Power to Strike Out Pleadings and Defense - The courts have used Section 151 to strike out defenses or pleadings, especially in cases of non-payment of maintenance or abuse of process, deeming such acts as contumacious or constituting abuse of court processes MAHESH vs ROOPA Advocate - K M FIROZ, ,K M FIROZ,M SHAJNA,UMMUL FIDA - Kerala, MAHESH vs ROOPA - Kerala, Anita VS Mahaveer Sancheti - Madras.
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Prevention of Abuse of Process - The inherent power under Section 151 is also exercised to prevent misuse of legal processes, such as dismissing petitions for non-compliance or non-payment, to uphold the integrity of judicial proceedings Rana Ram VS Payal - Rajasthan, Asa Nand VS Baldev Raj - Allahabad.
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Limitations and Judicial Discretion - While the power is broad, courts exercise caution to ensure it is invoked appropriately, such as not striking off defenses arbitrarily, and only in justified cases like willful default or non-compliance Hari B. , S/o. Balakrishnan Nambiyar VS Harsha S. , D/o. P. D. Subash - Kerala.
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Additional Powers Beyond Statutory Provisions - In certain instances, courts have acknowledged their inherent powers even beyond explicit statutory provisions, such as ordering medical examinations or consolidating cases, emphasizing the flexible and broad scope of Section 151 Lalit Kishore VS Meeru Sharma - Supreme Court.
Analysis and Conclusion:
Section 151 of CPC grants Family Courts broad inherent powers to ensure justice, including striking out pleadings, preventing abuse, consolidating cases, and enforcing compliance. These powers are exercised judiciously to uphold procedural integrity and prevent misuse of legal processes, thereby facilitating effective dispute resolution in family matters.
Search Results for "Family Court Inherent Power under Section 151"
2010 0 Supreme(Bom) 253 • India - Bombay
ROSHAN DALVI
Court like any other Court has inherent power under Section 151 of CPC to pass orders - Impugned order of Family Court set aside ... Further the Family Court like any other Court has the inherent power under Section 151 of the CPC to pass such orders as would be ... any order under Section 31 of Act 2005 - #H....
2021 0 Supreme(Raj) 604 • India - Rajasthan
SANGEET LODHA, RAMESHWAR VYAS
The Court also held that the Family Court has the inherent power under Section 151 CPC to prevent the abuse of process of the law ... The Family Court dismissed the petition on the ground of non-compliance. ... Final Decision: The Court allowed the appeal, set aside the impugned order of the Family Court, and restored the petition ... It is true that the Court ....
1974 0 Supreme(All) 112 • India - Allahabad
K.C.AGRAWAL
The inherent power of the court under Section 151, C. P. ... Whether the inherent power of the court under Section 151, C. P. ... However, the court held that the inherent power of the court under Section 151, C. P. ... In order to meet such cases that the inherent power of....
2017 Supreme(Online)(KER) 42860 • India - High Court of Kerala
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
Finding of the Court: The Family Court's use of inherent power under Section 151 was justified to strike off the defense ... Civil - Family Law - Order 6 Rule 16, Section 151 CPC - The court upheld the Family Court's decision to strike off the petitioner ... ’s defense due to non-payment of maintenance, interpreting inherent powers under Section 151#....
2017 Supreme(Online)(KER) 52656 • India - High Court of Kerala
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
(A) Code of Civil Procedure, 1908 - Order 6 Rule 16 - Section 151 - Family Court's inherent power to strike off defence for non-payment ... under Section 151. ... The court held that non-payment of maintenance constitutes abuse of the court process, justifying the invocation of inherent powers ... Janak [AIR 1973 P & H 40] held that the Court below had inherent jurisdiction under....
2021 0 Supreme(Ker) 26 • India - Kerala
MARY JOSEPH
defaulted the payment of monthly maintenance ordered by the Court willfully-Inherent power under Section 151 of the Code of Civil ... ;; The Family Courts Act, 1894- Section 10 The Family Court ought not to have struck off the defence of the respondent in a proceeding ... Criminal Procedure Code, 1973- Section 125 ;;Civil Procedure Code, 1908- Order VI Rule 16 or Section 151 ... ....
2020 Supreme(Online)(KER) 38940 • India - High Court of Kerala
K.HARILAL, C.S. DIAS, JJ
Maintenance - Family Law - CPC Section List - The court affirmed the Family Court's jurisdiction to invoke inherent powers under ... Issues: Whether the Family Court has the authority under CPC Section 151 to strike out pleadings of a party that has failed ... Ratio Decidendi: The non-payment of maintenance was deemed a contumacious act, allowing the Family Court to invoke its inherent....
2009 0 Supreme(Bom) 1506 • India - Bombay
SWATANTER KUMAR, A.M.KHANWILKAR
Such power can be exercised with reference to the inherent powers under Section 151 of the Code. ... Since have taken the view that there is inherent power in the Family Court to consolidate the trial of two petitions pending before ... As a consequence, the order as passed in exercise of inherent power of the Court to consolidate trial of two petitions in the fact ... Indubitably, inher....
2014 0 Supreme(Mad) 2262 • India - Madras
S.VIMALA
It highlighted the court's inherent power under Section 151 of the CPC to strike out pleadings for non-compliance with maintenance ... Court's Powers - Matrimonial Court - Section 151 of the CPC, Family Courts Act - Ubi aliquid conceditur, conceditur et id sine ... quo res ipsa esse non potest - Family Court's power to enforce maintenance orders - Court's authority to strike out pleadings for ... a meaningful way, ....
2009 5 Supreme 788 • India - Supreme Court
TARUN CHATTERJEE, R.M.LODHA
the medical examination for a party is not provided in the Act, even then, the court has complete inherent power in an appropriate ... the medical examination for a party is not provided in the Act, even then, the court has complete inherent power in an appropriate ... Code of Civil Procedure, 1908- Section 151– Application filed by husband-appellant ... Therefore, although the medical examination for a party is not provided in the Act, even then, th....
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