Court Remands Case Back to Family Court for Fresh Consideration, Citing Violation of Natural Justice
In a significant ruling, the Madhya Pradesh High Court has set aside an ex-parte maintenance order passed by the Family Court in Indore, citing serious procedural irregularities and a breach of natural justice. The judgment, delivered by Justice Jai Kumar Pillai on July 16, 2026, came in response to a criminal revision petition filed by Wasim Khan, challenging the Family Court's decision to grant a monthly maintenance of Rs. 10,000 to his estranged wife, Anam Khan, without proper service of notice.
The case arose from the Family Court's order dated December 7, 2023, in which it directed Wasim Khan to pay maintenance based on an application filed by Anam Khan under Section 125 of the Criminal Procedure Code. Wasim Khan contended that the proceedings were conducted ex-parte without ensuring proper service of notice, thus depriving him of a fair opportunity to present his defense.
Justice Pillai underscored the importance of adhering to the principles of natural justice, noting that the Family Court failed to conclusively verify whether notices sent via electronic modes, such as WhatsApp and email, were successfully served. The court observed that the absence of a conclusive service report constituted a grave material irregularity, which warranted intervention to prevent a miscarriage of justice.
The High Court's judgment emphasized the supervisory nature of revisional jurisdiction under Section 19(4) of the Family Courts Act, 1984, and clarified that such jurisdiction is not meant for routine re-appreciation of evidence. However, it allows for interference when evident procedural irregularities and illegalities are present.
In its order, the High Court set aside the Family Court's ex-parte order and remanded the case for fresh consideration, directing the Family Court to provide both parties with an adequate opportunity for a fair hearing. The court instructed the parties to appear before the Family Court on August 17, 2026, to commence the rehearing of the maintenance application.
The ruling highlights the judiciary's commitment to upholding procedural fairness and ensuring that parties are not denied their right to be heard due to administrative oversights in the service of notices.
Bottom line:-
Ex-parte proceedings without proper service of notice constitute a grave material irregularity, violating principles of natural justice. Revisional court can intervene to prevent miscarriage of justice.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973, Section 19(4) of the Family Courts Act, 1984
Wasim Khan v. Anam Khan, (Madhya)(Indore) : Law Finder Doc id # 2947350
