O.P.SRIVASTAVA, J. - (1.) THE short question for consideration in the petition is whether oral evidence can be permitted to be given on affidavit in any suit in the Family Court. The petitioner had filed a suit for decree of divorce against his wife-opposite party No. 2. After recording of the evidence of the petitioner, the opposite party filed oral evidence on affidavit, the petitioner raised objection to the ef­fect that oral evidence on affidavit is not. permissible under the Act. The learned Court below, however, rejected objection on the ground that under sec­tion 10 (3) of the Family Courts Act, 1984 (hereinafter referred to as 'the Act') Family Court can adopt its own procedure and also that in the amended Code of Civil Procedure evidence of the witness can be given on affidavit. It is also ob­served by learned Court that there is no provision in the Family Court against the amended provision of the Code of Civil Procedure.
(2.) AGGRIEVED with the said order, the petitioner has filed the instant writ petition. Learned Counsel for the petitioner submitted that in view of sections 15 and 16 of the Act, oral evidence on affidavit can not be permitted to be given on affidavit. On the other hand Learned Counsel appearing on other side vehe­mently argued that under Order XIX of Code of Civil Procedure oral evidence has to be given only on affidavit.
(3.) I have considered the submission of learned Counsel for the parties and gone through the Family Courts Act.;