Sabu Eranackal vs Niggy Sabu

R. Basant, J.—The appellant has preferred an appeal against a common order dated 31.12.2007. The application under the Guardians and Wards Act numbered as O.P. (G&W.) No. 54/06 has been dismissed vide the said common order. The appellant has filed this appeal as a Miscellaneous First Appeal, i.e., M.F.A. (G&W.). The Registry raised an objection that the appeal being an appeal from an order of the Family Court deserves to be numbered as a Matrimonial Appeal and not as an M.F.A. (G.&W.). The appellant promptly stated that at least in two matters (M.F.A. (G&W.) Nos. 8/08 and 150/06), appeals against orders passed by the Family Court in applications under the Guardians and Wards Act have been numbered as M.F.A. (G&W.). The learned Counsel for the appellant submits that the appellant has no objection in preferring this appeal as a Mat. Appeal or as an M.F.A. (G&W.). But, there must be some certainty and consistency in the proceedings and the intending appellants may not be driven from pillar to post not knowing the manner in which the appeal has to be preferred.

According to the learned Counsel for the appellant, the short controversy is as to whether the appeal is to be numbered as stipulated under Clause 18 of the Notification dated 11.4.2003 (No. D1(A)2010/98) issued by the Registrar or as a Matrimonial Appeal under Clause 6(c) of the said notification. We extract the relevant entries in Clauses 6 and 18 below:

Matrimonial case: ---------------------------------------------------------------------------- Name of Nomenclature at present Nomenclature with effect proceedings from 21.5.2003 ---------------------------------------------------------------------------- Name Abbreviation Abbreviation Name ---------------------------------------------------------------------------- 1 2 3 4 5 ---------------------------------------------------------------------------- (a) Suits/ Original Petition O.P. Mat. Case Matrimonial Petitions (High Court) case Original Petition O.P. (Lower Court) Original Suits O.S. (Family Court) (b) Reference Civil Misc. C.M. Ref Mat. Ref Matrimonial Reference Reference (c) Appeals Misc. First MFA Mat. App. Matrimonial Appeal Appeal (d) Revisions Revision Petition RP(FC) RP(FC) under (Family Court) Section 19 of the Family Courts Act 18. First appeal Misc. First MFA MFA against Appeal (Name of Act) judgments in specialized jurisdiction cases ----------------------------------------------------------------------------

The remarks of the Registry were called for and the Registry now in the notes submitted by the Registrar, seeks the following directions.

(1) All Appeals u/s 19 of the Family Court''s Act may be permitted to be numbered as Mat. Appeals (including decisions of the Family Courts made under the Guardians and Wards Act) as per Clause 6 under the heading "11 other proceedings" of the Notification No. Dl(A)2010/98 dated 11.4.2003.

(2) Appeals against orders passed by District Courts, made under the G.& W. Act, if any may be ordered to be numbered as M.F.A. (G.&W.) as per C1.18 of the Notification No. Dl(A)2010/98 dated 11.4.2003.

(3) This appeal may be ordered to be numbered as a Mat. Appeal.

(4) After notice to the Counsel in M.F.A. (G.&W.) 8/2008 and 150/06, they may be ordered to be renumbered as Mat. Appeal.

Having considered all the relevant circumstances, we are satisfied that all appeals from the Family Court can be reckoned as appeals in matrimonial cases and numbered as Matrimonial Appeals (Mat. Appeals) as requested in Clause (1) of the note of the Registry. The same is accepted. We hold so notwithstanding the fact that u/s 7 of the Family Courts Act non-matrimonial cases may also be considered and decided by the Family Courts. We are further satisfied that orders passed by the District Courts under the Guardians and Wards Act if any (obviously such orders will be passed only if the matter does not fall within Section 7 of the Family Courts Act and consequently, the petition would not be maintainable before the Family Court) can be numbered as per Clause 18 of the notification dated 11.4.2003. The above directions in respect of notes 1 and 2 submitted by the Registrar shall be followed strictly by the Registry, until further directions are issued to avoid needless confusion and difficulty for the litigants. The request made in Clause (3) of the note of the Registry that this appeal may be ordered to be numbered as a Matrimonial Appeal is accepted. In respect of M.F.A.(G&W.)Nos. 8/2008 and 150/06, there shall be a direction that they be called before the Bench for appropriate decision on the nomenclature to be assigned.

This appeal shall be returned to the Counsel for the appellant to re-present same as a Matrimonial Appeal in accordance with C1.6 of the notification dated 11.4.2003.