Single-line reasoning not expected from district judges in appeals against lower court orders: Bombay High Court

A single-line reason is not expected from senior judges like district judges, the Aurangabad Bench of Bombay High Court recently ruled, reprimanding a sessions judge for not giving a detailed reasoned order while quashing an order of a judicial magistrate..Justice SG Mehare criticized a sessions judge at Aurangabad for erroneously observing without giving reasons that the magistrate has not properly appreciated the evidence in proper perspective in a domestic violence case. “The judge has recorded a single-line reason that there is sufficient evidence to establish the domestic violence caused to the wife. Such a single line reason is not expected from senior judges like district judges. He appears to have ignored the rules of writing judgment in appeal,” the High Court order stated..Justice Mehare also opined that the appellate court was supposed to hear any case as if it is a trial and record reasons when giving its decision. “Writing a judgment in appeal is rewriting the judgment. The appellate court has to re-appreciate evidence and assign reasons for its conclusion. Merely writing a single line without failing to consider evidence, material placed on record and the facts elicited in proper perspective is incorrect in law,” the Court said..The sessions judge was hearing a criminal revision application arising from an order of the magistrate refusing to grant maintenance to a wife under the Protection of Women from Domestic Violence (DV) Act. The sessions judge had overturned the magistrate’s order and granted monthly maintenance of ₹3,000 and an additional ₹3,000 for rent. This was challenged before the High Court by the husband through the present appeal..Justice Mehare noticed that the magistrate had discussed every piece of evidence in detail and dealt with the provisions of the DV Act while giving a well-reasoned order rejecting the application. “This Court is of the view that it is well-reasoned order and with correct findings that the wife failed to prove the domestic violence. However, the sessions judge appears to have not correctly examined the record, considered the rule of appreciating the evidence, and mechanically passed the order (in appeal). The order is illegal, improper and incorrect, and therefore, it is liable to be set aside,” Justice Mehare held..[Read order]