Delhi HC seeks details of cases pending in family courts

Disputes relating to marriage, divorce, guardianship are required to be decided within reasonable time and any inordinate or long delay in deciding such issues may make the relief infructuous or inconsequential, the plea said.It added that looking at the huge pendency and the pace at which the matters are adjudicated before the family courts, necessary directions are required to be passed for speedy disposal of cases.Conduct of the parties, efforts of settlement and conciliation at different stages and multiplicity of proceedings also add up to the delay in early disposal of the cases.

The Delhi High Court Monday asked its administrative side to give details of pendency of cases in various family courts here.

A bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna observed that there is humongous work in the family courts and judges are overburdened.

The court was hearing a petition seeking a direction to expedite hearing of cases pending before the family courts in Delhi and to direct that notices or summons be issued for date returnable within three-four weeks.

The petition also sought a direction to the authorities to amend the Delhi Family Court Rules, 1996 and frame effective rules for proper functioning of family courts and speedy and time bound disposal of disputes.

The bench agreed with the counsel for petitioner Ishan Taneja that priority has to be given to fresh matters relating to family disputes.

Taneja, in his petition filed through advocates Abhinav Bajaj and Prateek Goswami, highlighted the issue of inordinate delay in disposal of family or matrimonial disputes pending before the various family courts in Delhi.

“You are right, if a person has filed a divorce case when he is 33-35 years old, he should be able to get the decree by the time he turns 37-38 years of age, so that he is able to start a new life. If you get the divorce decree when you are in your 50s or 60s, it becomes difficult to start a new life,” the bench said.

Justice Manmohan gave an example of Mumbai and said they have a large number of judges in family courts.

The court was informed by the counsel representing the high court’s administrative side that presently there are 28 family courts in Delhi.

A proposal for 10 more family courts has been sent to the Delhi government for which the decision is awaited, the lawyer submitted.

The court asked the petitioner’s counsel to place their suggestions in the matter in three weeks.

It also asked the high court's administrative side to place before the bench the data of present pendency of the family courts here and listed the matter for further hearing on January 18 next year.

The petition said in view of the nature of lis (suit) adjudicated before family courts, inordinate and unnecessary delays are required to be curtailed to effectively administer justice in family disputes.

“No amount of money can compensate for the delay in adjudication of issues involving personal and family matters. Right to access to justice of parties include right to adjudication of family disputes in a timely manner. Disputes relating to marriage, divorce, guardianship are required to be decided within reasonable time and any inordinate or long delay in deciding such issues may make the relief infructuous or inconsequential,” the plea said.

It added that looking at the huge pendency and the pace at which the matters are adjudicated before the family courts, necessary directions are required to be passed for speedy disposal of cases.

“Conduct of the parties, efforts of settlement and conciliation at different stages and multiplicity of proceedings also add up to the delay in early disposal of the cases. As such effort should be made to streamline appearance of parties, completion of pleadings and settlement of issues within a reasonable period of 2-3 months from institution of the case. However, the same can only be achieved by having proper rules regarding functioning of Family Courts and of practice and procedure in place,” the petition said.

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