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Responsibilities of Appellate Court while dealing with Family Appeal

1) It is obligatory to appellate court to discuss each issue separately so far as necessary and give its finding on all points raised before it.

2) The appellate court has got ample power to thrash out entire evidence and scrutinize available documents in the light of arguments advanced by the respective parties.

3) It is obligatory to appellate court to thrash out available record and evidence independently and the appellate court should not depend on the decision of trial court.

4) The appellate court can take a second look at all legal and factual aspects of the case.

5) Appellate court is required to reappraise the evidence and reach thereby to its own conclusion, which might be different from one arrived at by trial court.

6) The first appellate court is duty bound to deal with all issues as the first appeal is a valuable right in which both questions of law and fact are to be considered.

7) It is essential that the Judge should accord fair and proper hearing to a person sought to be affected by his order and give sufficient, clear and explicit reasons in support of order made by him.

8) In Family Appeals the District Court under the Family Court Act, 1964 being only court of appeal is required under the law to dispose of the appeal after taking into consideration the entire material on the record.

9) It is equally well settled that if the appellate court proceeds to reverse the decree of trial court, it is incumbent upon it to not only take into consideration entire evidence but also to take notice of the reason which had prevailed with the lower court for taking a contrary view.

10) Appeal under section 14 of the Family Courts Act, 1964 is a substantive right and is continuation of proceedings which comes entirely upon the first appellate court caring with the right of rehearing law and facts as well as reviewing pleadings and evidence afresh.

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