High Court of Delhi Condones Delay and Sets Timelines for Family Court Proceedings

Delhi High Court’s Decision on Delay

On July 11, 2024, the High Court of Delhi delivered a significant judgment in the case MAT.APP.(F.C.) 213/2024. The case involved an appeal against a Family Court decision at Patiala House Court, New Delhi, delivered on April 30, 2024. The High Court judges, Justice Rajiv Shakdher and Justice Tara Vitasta Ganju, presided over the matter.

Condonation of Delay

The appellant filed an application for the condonation of a 13-day delay in submitting the appeal. The respondent’s counsel did not object to the condonation, and the court granted the request, allowing the case to proceed without further delay.

Agreed Directions for Expediting Family Court Proceedings

The High Court issued a series of directions to expedite the proceedings in the Family Court:

1. The appellant must file a written statement within 10 days.
2. The respondent is allowed to file a replication within 10 days of receiving the appellant’s written statement.
3. The Family Court will frame the issues on August 5, 2024, with both parties presenting draft issues.
4. After framing the issues, both parties must submit their affidavits of evidence within 10 days.
5. The Family Court Judge will then direct the recording of witness testimonies, possibly under the supervision of a Local Commissioner.
6. The final judgment is expected by December 31, 2024, after the completion of testimonies.
7. The parties may present oral and, if necessary, written submissions before the final judgment.

Code of Civil Procedure Adjustments

To streamline the process, the appellant’s counsel agreed not to press applications under Order VII Rule 10 and Order VII Rule 11 of the Code of Civil Procedure, 1908. The Family Court will address these applications in light of the appellant’s counsel’s statement.

Commitment to Avoid Delays

Both parties assured the court that they would not seek adjournments or file unnecessary applications that could delay the trial. The Family Court is also directed to rule on the respondent’s application for interim maintenance during the trial.

Imposition of Costs on the Appellant

Due to the appellant’s delay in proceeding with the matter, the High Court imposed a cost of Rs. 1,00,000 on the appellant, payable to the respondent within 10 days.

This judgment aims to ensure a timely and efficient resolution of the family dispute, reflecting the High Court’s commitment to justice and efficiency in legal proceedings.

Downlead Judgment