Case Note & Summary
The appeal arises from a matrimonial dispute between the appellant (wife) and respondent (husband) pending before the Family Court, Patiala House, since 2011. On 28.01.2014, the Family Court directed the respondent to produce the attested copy of the divorce petition and the judgment and decree passed by the Family Court at Auckland, New Zealand. This order became final as it was not challenged. The respondent partially complied by producing only the decree but not the judgment and divorce petition. The appellant then moved the Family Court for directions, which were allowed on 01.12.2018, directing the respondent to produce the remaining documents. Despite giving undertakings through counsel and power of attorney on 29.03.2019 and 03.04.2019 to produce the documents, the respondent failed to comply, claiming the documents were in transit. Instead of complying, the respondent filed a writ petition under Article 227 before the Delhi High Court challenging the order dated 01.12.2018. The High Court entertained the writ petition and stayed the trial, accepting the respondent's argument that the documents were not relevant. The Supreme Court held that the respondent, having given a solemn undertaking to the Family Court, was obliged to comply unless absolved. The High Court ought not to have entertained the writ petition in the face of such an undertaking. The Supreme Court set aside the High Court's order and dismissed the writ petition, granting liberty to the respondent to approach the Family Court to seek absolution from the undertaking or to produce the documents. The Family Court was directed to proceed with the matter on the basis of evidence produced, and the respondent's contention regarding relevance of documents can be considered by the Family Court on its merits.
Headnote
A) Civil Procedure - Undertaking to Court - Binding Nature - A party who gives an undertaking to a court through counsel or power of attorney is obliged to comply unless absolved by that court - High Court cannot entertain a writ petition challenging an order for production of documents when the party has given a solemn undertaking to produce them (Paras 10-11). B) Family Law - Production of Documents - Relevance - The question of relevance of documents can be raised before the Family Court even after production - The Family Court is to consider the contention on its own merits (Para 14). C) Writ Jurisdiction - Article 227 - Interference with Family Court Orders - High Court should not entertain a writ petition under Article 227 when the petitioner has given an undertaking to the Family Court to produce documents and has not been absolved from that undertaking (Paras 10-12).
Issue of Consideration
Whether the High Court was justified in entertaining a writ petition and staying trial when the respondent had given an undertaking to the Family Court to produce documents
Final Decision
The Supreme Court set aside the impugned order of the High Court dated 15.07.2019 and dismissed the writ petition filed by the respondent (C.M.(M) No. 1019/2019). The respondent was given liberty to approach the Family Court to seek absolution from the undertaking or to produce the documents. The Family Court was directed to proceed with the proceedings on the basis of record/evidence produced by the parties. The appeal and pending applications were disposed of.
Law Points
- Undertaking to court must be complied with unless absolved
- High Court cannot entertain writ petition in face of solemn undertaking
- Family Court can proceed on basis of evidence produced
