Courts should not pass unreasoned orders; SC sets aside Family Court order on payment of alimony

The Supreme Court has reiterated that courts should not pass cryptic, unreasoned orders which do not contain factual narration of the case or discussion, appreciation, reasoning and findings on material issues..A Bench of Justices RK Agrawal and AM Sapre made these observations in an appeal against judgment of Orissa High Court in a divorce case..The appellant-husband had filed a petition against the respondent-wife under Section 13 of the Hindu Marriage Act, 1954 (Act) before the Judge, Family Court, Bhubaneswar seeking dissolution of marriage. The Family Court allowed the petition and passed a decree of divorce by dissolving the marriage. The Family Court also directed the husband to pay permanent alimony of Rs. 15 lakh and litigation expenses of Rs. 10,000 to the wife..The appellant felt aggrieved by that part of the order of the Family Court by which he was directed to pay permanent alimony of Rs.15 lakh to the wife and hence, filed an appeal before the High Court. The High Court dismissed the same leading to the appeal in Supreme Court..The Supreme Court restricted itself to the aspect relating to the omission of the courts below to give a reasoned order in the matter. It noted that both the courts did not even mention the factual narration of the case set up by the parties on the question of award of permanent alimony. It also observed that there was no discussion, appreciation, reasoning and categorical findings on the material issues such as, financial earning capacity of husband to pay the alimony and also the financial earning capacity of wife..“In our view, mere perusal of the order of the Family Court and the High Court quoted supra, would go to show that both the Courts failed to apply their judicial mind to the factual and legal controversy insofar as award of permanent alimony to the respondent(wife) is concerned. Both the Courts did not even mention the factual narration of the case set up by the parties on the question of award of permanent alimony and without there being any discussion, appreciation, reasoning and categorical findings on the material issues such as, financial earning capacity of husband to pay the alimony and also the financial earning capacity of wife, a direction to pay Rs.15,00,000/- by way of permanent alimony to the wife was given. In our opinion, such direction is wholly unsustainable in law.”.The Court made it clear that Courts have to pass reasoned orders in every case and such orders must contain the narration of the bare facts of the case, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings recorded based on appreciation of evidence..“Time and again, this Court has emphasized on the Courts the need to pass reasoned order in every case, which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings recorded based on appreciation of evidence on all the material issues arising in the case.”.Since the Family Court and the High Court failed to do so and passed cryptic, unreasoned orders, the Court held that the same caused prejudice to the husband..“It is really unfortunate that neither the Family Court nor the High Court kept in mind these legal principles and passed cryptic and unreasoned orders. Such orders undoubtedly cause prejudice to the parties and in this case, it caused prejudice to the appellant(husband) because the orders of the High Court and Family Court deprived him to know the reasons for fixing the permanent alimony amount of Rs.15,00,000/- payable to his wife.”.It, therefore, set aside the order of the High Court and order of Family Court to extent of fixing of Rs.15 lakh towards payment of permanent alimony to the wife. The matter was remanded back to the Family Court to decide afresh the quantum of payment of permanent of alimony to the wife..Read the order below.