Sunday, 3 February 2019

Whether family court can admit hearsay evidence?

 The Family Courts though not bound by the sophisticated
rules of relevancy or admissibility of evidence by virtue of Section 14
of the Act, in our opinion, should not, however be understood to
possess unregulated or unbridled power or freedom to receive in
evidence indiscriminately all matters that are brought before them.
Any undue and excessive liberal interpretation put on Section 14 of
the Act may only produce mischievous and disaster result and even
do disservice to the system. While interpreting Section 14, only the
true legislative object should be given effect to and promoted and any
mischief suppressed. The hearsay which is inherently inadmissible
cannot be therefore acknowledged as an evidence in any proceeding
before a Family Court also.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT


OP (FC).No. 513 of 2018

PRAMOD E.K. Vs LOUNA V.C.


Coram:
C.K.ABDUL REHIM
&
T.V.ANILKUMAR, JJ.


Dated:14th day of January 2019
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