Family Courts Act: Section 16 – Evidence of formal character on affidavit

(1) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court.

(2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit.

Simplified Explanation

Section 16 of the Family Courts Act, 1984 addresses the use of affidavits as a means of presenting formal evidence in family court proceedings. This provision helps streamline the process by allowing certain types of evidence to be submitted in written form, which is particularly useful in family law cases where time and emotional considerations are often important.

Key Provisions:

1. Evidence by Affidavit:
   • Formal character evidence, such as routine or administrative documents, can be provided by affidavit rather than requiring the person giving the evidence to appear in court. This allows for the simplified admission of evidence that does not need extensive examination or cross-examination.
2. Affidavits Read in Evidence:
   • Subject to any just exceptions, such affidavits can be read in evidence in any suit or proceeding before a Family Court. The affidavit serves as a substitute for the person’s oral testimony, which makes it a more efficient method of evidence presentation.
3. Examination of the Affiant:
   • While affidavits can generally be read into evidence, the Family Court has the discretion to summon the person who made the affidavit to examine them about the contents of their statement if it thinks necessary.
   • If any party in the suit or proceeding requests, the court must summon and examine the person who gave the affidavit. This ensures fairness and the opportunity for cross-examination if required.

Purpose and Impact:

1. Efficiency in Family Court Proceedings:
   • By permitting evidence of a formal character to be provided by affidavit, Section 16 reduces the need for additional witnesses to appear in court to present simple, procedural, or documentary evidence. This helps the court handle cases more efficiently and expeditiously, especially in routine matters like property disputes, maintenance claims, or other formal issues where the evidence does not require extensive testimony.
2. Reducing the Burden on the Parties:
   • Given that family law cases often involve personal and emotionally challenging situations, allowing evidence to be presented in the form of affidavits helps reduce the burden on parties, especially in situations where the person giving the evidence may not need to be physically present to verify it. It also helps the court avoid the need for multiple witnesses for relatively straightforward evidence.
3. Flexibility in Court Procedures:
   • The Family Court retains flexibility by being able to summon an affiant for cross-examination if needed. This ensures that the integrity of the process is maintained, and that affidavits are not simply accepted without scrutiny, particularly in contested matters where credibility may be at issue.
4. Convenience and Accessibility:
   • Affidavits are a convenient and accessible means of presenting evidence, especially in family law disputes where parties may be located in different places or unable to appear in court due to personal or financial constraints. This provision makes the judicial process more inclusive and less burdensome for those involved.
5. Supports Timely Resolution:
   • The use of affidavits facilitates faster case resolution because it eliminates the need for formal, lengthy oral testimony in certain circumstances. This is especially beneficial in cases where settlement or conciliation is possible, as it reduces the time taken by the court to hear all the evidence.

Summary:

Section 16 of the Family Courts Act, 1984 allows for formal evidence to be presented in the form of affidavits in family court proceedings. This makes the process more efficient, reducing the need for witness appearances when the evidence is of a formal or routine nature. While affidavits can be read into evidence, the court retains the discretion to summon the affiant for questioning if necessary, ensuring the fairness of proceedings. This provision helps expedite the resolution of family law cases while making the legal process more accessible and flexible for the parties involved.