Courts Should Allow Parties To Let In Oral And Documentary Evidence In Guardianship Matters

Courts Should Allow Parties To Let In Oral And Documentary Evidence In Guardianship Matters: Madras High Court

Case Title: A. Shaamsudeen Raja v Raneesha P.V.

Citation: 2022 LiveLaw (Mad) 258

While allowing an appeal by a father seeking custody of his minor child, the Madras High Court bench of Justice M.Duraiswamy and Justice Sunder Mohan, observed that the order of the single judge was passed without affording an opportunity to the parties to let in oral and documentary evidence.

"It is settled law that while deciding the Original Petition to appoint the guardian the courts should allow the party to let in oral and documentary evidences. In such view of the matter, on that ground alone, the order passed by the learned Single Judge in O.P.No.423 of2020 is liable to be set aside." the court observed