Family Courts Shall Retain Record Of First Motion For 18 Months Before Consigning It To Record Room: Delhi HC Directs
The Delhi High Court has directed all the Judges of the Family Courts to retain the record of first motion of mutual consent divorce under Section 13B(1) of the Hindu Marriage Act, 1955 for the period of 18 months from the date of filing before consigning it to Record Room.
Its Practice Directions dated April 15, 2023 says, “It has been brought to the notice of this Court that delay is caused in disposal of the second motion under Section 13B(2) of the Hindu Marriage Act, 1955 due to time taken in summoning the file of the first motion proceedings under Section 13B(1) of the Act from the record room. … In order to obviate the said delay, it is directed that upon disposal of the first motion under Section 13B(1) of the Act, all Judges of Family Courts shall retain the record of the first motion in their Courts for a period of eighteen months from the date of filing of the first motion. The said record be sent to the record room either upon the expiry of the said period or upon the disposal of the second motion under Section 13B(2).”
Chief Justice of the High Court and his companion Judges, on the recommendations of the “Rules Committee under Section 123 of the CPC which also looks into Delhi High Court (Original Side) Rules, 2018 and Ancillary Matters” has issued the aforesaid Practice Directions for information and compliance by Judges of the Family Courts.
The Practice Directions shall come into force with immediate effect.
