THE HIGH COURT IN EXERCISE OF ITS SUPERVISORY JURISDICTION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA CANNOT SIT IN APPEAL OVER THE FINDINGS RECORDED BY A LOWER COURT OR TRIBUNAL:KERALA HIGH COURT
The High Court of Kerala passed a judgement on 1 March, 2023 stating that the High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India cannot sit in appeal over the findings recorded by a lower court or tribunal. It was stated in the case of Meena Cherian vs Reji M. Eason (O.P.(FC)NO.723 OF 2022) which was passed by the division bench comprising of JUSTICE ANIL K.NARENDRAN and JUSTICE P.G. AJITHKUMAR
FACTS OF THE CASE:
The petitioner, filed before the Family Court, Kollam, seeking permanent custody of the minor child, is before this Court in this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order to set aside order of the Family Court and to allow the said interlocutory application which was one filed seeking an order directing the respondents herein to produce the minor child before the court, in order to ascertain her present physical condition and mental status through a board consisting of a team of competent doctors. The petitioner has also sought for an order directing the Family Court, Kollam to consider interlocutory applications within a time frame to be fixed by this Court. The petitioner filed interlocutory application, seeking interim relief similar to that seeking an order directing the service provider of the mobile number of the minor ward to provide a certificate before the Family Court revealing the exact location of the mobile phone The 1 st respondent filed objections to interlocutory application. Pursuant to the direction contained in the judgment of this Court, the Family Court interacted with the child through online mode, on, to ascertain her wish. After considering the rival contentions, the Family Court rejected interlocutory application by order Feeling aggrieved, the petitioner-mother is before this Court in this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India
JUDGEMENT OF THE CASE
In exercise of the supervisory jurisdiction under Article 227 of the Constitution of India, the Court stated to not to be sitting in appeal over decision taken by the Family Court in interlocutory application. As already noticed, the reasoning of the Family Court in order for rejecting interlocutory application filed by the petitioner- mother is neither perverse nor patently illegal and it cannot also be said that while passing such an order, the Family Court has committed any material irregularity, warranting interference of this Court, in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.