READ JUDGMENT | Provisional maintenance, custody; Delhi HC Sets Time Frames for Resolving Marital Matters – Voice for Men
The Delhi Supreme Court, in its ruling of July 31, 2023, issued a series of instructions to the city’s family courts to ensure expeditious and timely handling of cases related to marital and family matters.
As there is no specific rule or policy to settle these matters, a panel of Justices Suresh Kumar Kait and Justice Neena Bansal Krishna ruled that if a lawsuit is properly filed, a subpoena may be issued for the defendant to appear and to respond to the complaint to file the written statement of defense within 30 days.
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Case:
The divorce petition was filed by the wife on09/12/2017 and despite repeated opportunities, the husband filed the written statement on 05/08/2023 after a time of 5 years and 6 months, which is very late.
Family Court, Dwarka
The delay in filing was condoned in the contested decision from 07.02.2023 and consequently the written statement was put on record.
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Delhi Supreme Court
The Supreme Court cracked down on the husband, saying:
From the decision documents of the responsible family court, we can see that the defendant hesitated with the divorce application because the written declaration was not submitted in time and the defendant conducted the process carefully.
In addition, the defendant is playing hide-and-seek with the family court.
A divisional bench composed of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna noted:
We can state that the marital dispute must not be unduly drawn out over a long period of time, since in addition to being painful and acrimonious for the parties, such a protracted litigation is often motivated by the intention of one of the parties to drag the litigation in length.
Reducing court delays and improving court procedures through case management techniques are important elements in improving access to justice.
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The Supreme Court made it up directions for family courts in the state capital as follows:
Deadlines for written comments
The court held that such a subpoena should not be issued if a defendant appeared when the complaint was filed and admitted the plaintiff’s complaint. The Supreme Court said:
Provided further that if the Respondent fails to file the written observations within the said thirty-day period, he shall be permitted to file the written observations on another date to be determined by the Court for reasons to be recorded in writing, upon payment of the costs incurred the court deems appropriate, but no later than one hundred and twenty days from the date of service of the summons until expiration one hundred and twenty days from the date of service of the summons.
Inspection of documents after submission of the written statement and counter-response
The Supreme Court has also ordered that both parties must complete examination of all documents disclosed therein 30 days the date of submission of the written opinion and that the family court may, in its sole discretion, extend the time limit upon application beyond 30 days. The bank ordered:
Any party to the proceeding may, at any stage in the proceeding, obtain instructions from the court as to the inspection or production by the other party of documents which that party has refused inspection or which documents have not been produced despite a notice having been given.
The application must be disposed of within 24 hours thirty days the filing of any such motion, including the filing of replies and counter-replies (if permitted by the court) and the hearing.
Each party must file a statement of approval or denial of any disclosed document that has completed review. within 15 days the completion of the inspection or a later date determined by the family court.
Provisional maintenance, provisional custody, other miscellaneous applications
The court ordered:
All applications for temporary maintenance until the end of time, temporary custody, and all other applications related to marital/family matters will be adjudicated within 90 days of the registration date.
The Supreme Court found that the first administrative hearing by the family court must be held no later than four weeks after the filing of the affidavit of acceptance or denial of documents by all parties to the lawsuit.
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Concluding the current matter, the Delhi High Court ordered the following:
We note the behavior of the defendant and his delaying tactics, and we hereby direct the family court to endeavor to rule on the application within the petition Three months from today.
It is clarified that the attempt by the defendant or his counsel to obtain an adjournment will incur costs at the discretion of the family court.
IIf the family court can only grant an adjournment for a reasonable and proper reason, the application must in all circumstances be decided within the time limit set out above.
WATCH:
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READ JUDGMENT | Provisional maintenance, custody; Delhi HC establishes timeframes for resolving marital matters
“Marital disputes must not be unduly protracted as they are painful for the parties and are also motivated by both parties to prolong the litigation”https://t.co/488jVhASc3
— Voice For Men India (@voiceformenind) August 23, 2023
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