Matrimonial Disputes| Family Courts Must Avoid Lengthy Adjournments While Referring Parties To Counselling: Delhi HC
The Delhi High Court has observed that in matrimonial disputes, Family Court must avoid lengthy adjournments while referring parties to counselling.
The Court disposed of a petition seeking an expedited hearing in a case pending before the Family Court on the grounds that there was no possibility of an amicable settlement.
The Court emphasized that such a long adjournment was not warranted since numerous cases are pending before the Family Court. The Court also noted that it is not possible to oversee proceedings before a Court Counsellor on a regular basis if the Court adjourns the matter for such an extended date.
Justice Navin Chawla noted, “Even though the order records that there are approximately 4000 matrimonial cases of various nature pending before the learned Family Court, such a long adjournment is still not warranted. The Court has to keep a watch on the petition/counselling proceedings that take place before the Court Counselor on a regular basis, and such watch cannot happen if the Court adjourns the matter for such a long date”.
Advocate Aayushi Jain appeared for the Appellant, Advocate Rajal Rai appeared for Respondent no. 1 and Advocate Ajay Yadav appeared for Respondent nos 2 to 5.
In this case, a Petition was filed challenging the impugned orders passed by the Family Court and sought expeditious disposal of the petition pending before the Family Court in a timebound manner. The Family Court had framed a preliminary issue on the maintainability of the petition against Respondents nos. 2 to 6. The Family Court decided the issues on November 1, 2022, and March 14, 2023 and the Petitioner did not challenge the findings of the Court. The Family Court referred the parties to a Court Counselor to explore the possibility of arriving at an amicable settlement and adjourned the proceedings till October 18, 2023. The Petitioner contended that there was no possibility of an amicable settlement and that the adjournment to such an extended date was not warranted.
The Court held that the Family Court should not have given such a long adjournment. Therefore, the Court preponed the hearing date to August 8, 2023, and directed the Family Court not to grant any unwarranted adjournments to either party.
Accordingly, the Court disposed of the petition and directed the Family Court to expedite the adjudication of the petition pending before it.
Cause Title: Ravinder Singh Bhasin v Kanwaljit Kaur & Ors.
