Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a suit has been duly instituted, summons may be issued to the defendant to appear and answer the claim and to file the written statement of defence within 30 days.

The bench added that that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff’s claim.

“Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons,” the court said.

Furthermore, the bench directed that all the parties shall complete inspection of all documents disclosed within 30 days of the date of filing of the written statement and that the family court may extend the time limit upon application at its discretion, but not beyond 30 days.

“Any party to the proceedings may seek directions from the Court, at any stage of the proceedings, for inspection or production of documents by the other party, of which inspection has been refused by such party or documents have not been produced despite issuance of a notice to produce. Such application shall be disposed of within thirty days of filing such application, including filing replies and rejoinders (if permitted by Court) and hearing,” the court ordered.

The court has also directed each party to submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within 15 days of the completion of inspection or any later date as fixed by the family court.

“The interim applications for "maintenance pendente lite," "interim custody" and all other miscellaneous applications relating to marriage/family affairs shall be decided within 90 days from the date of filing,” the court said.

It added that the family court shall hold the first management hearing not later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties to the suit.

While deciding an appeal moved by a wife in a matrimonial case, the bench noted that the order sheets of the family court showed that the husband was lingering on the divorce petition as neither the Written Statement was filed on time nor was he conducting the trial diligently.

“…we may observe that the matrimonial litigation must not be allowed to linger inordinately over a long period of time as it is not only painful and acrimonious for the parties but also such long drawn litigation is many a times, motivated by the intention of either party to drag the litigation. Reducing judicial delay and improving litigation processes by case management techniques are important elements of increasing access to justice. The intrinsic value of the justice system lies in its role in contributing to an effective social and economic framework,” the court said.

Case Title: SMT. K.S. SUMI MOL v. SH. SURESH KUMAR E.K.

Citation: 2023 LiveLaw (Del) 728

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