Family Courts Have To Be A Little Liberal, Stringent Test Applicable To Commercial Disputes Can’t Be Applied: Delhi High Court

The Delhi High Court has observed that family courts have to be a little liberal in family disputes and that the stringent test, as may be applicable to commercial disputes, cannot be applied in such cases.

Dealing with a case where a family court closed a wife’s right to file her written statement in the divorce proceedings, Justice Navin Chawla said:

“It is to be remembered that closing of the right to file written statement would result in grave personal consequences to the party concerned. The approach of the learned Family Court, therefore, has to be guided by the object of the Family Court, rather than the technicality of law.”

The court added that where the family court finds that the party is intentionally delaying the adjudication or progress of the proceedings, it must pass orders stipulating conditions to ensure that such party does not succeed in its attempt to delay the proceedings.

The wife had challenged the family court order passed on March 03 striking off her defence. The divorce petition was field by the husband in Uttar Pradesh. However, the Supreme Court transferred the case to Delhi on a transfer petition moved by the wife.

As she did not file the Written Statement before the family court, an adjournment was sought stating that she was unwell. However, vide the impugned order, her prayer for adjournment and seeking enlargement of time to file the Written Statement was rejected.

Justice Chawla noted the peculiar facts of the case and especially the fact that on the transfer of the divorce petition, notice had earlier been issued to the parties to enter appearance and thereafter, on December 22 last year, a period of thirty days was granted to the wife to file her written statement.

The court said that it was a fit case for the Family Court to not close the wife’s right to file her written statement, but to impose conditions for ensuring that she does not cause further delay in the matter.

“In such matters of family disputes, the Family Courts have to be a little liberal and the stringent test, as may be applicable to commercial disputes, cannot be applied,” the court said.

Justice Chawla set aside the impugned order in view the peculiar facts of the case and subject to the condition that the wife will file her Written Statement before the Family Court on or before September 20.

“It is made clear that in case the petitioner fails to avail of this opportunity granted and does not file the Written Statement before the learned Family Court on or before 20.09.2023, the right of the petitioner herein to file her Written Statement shall stand closed and the learned Family Court shall proceed further with the adjudication of the Divorce Petition in accordance with law,” the court said.

Advocates Mohit Kr. Sharma and Gaurav Kr. Pandey appeared for the petitioner.

Advocate Shiv Mangal Sharma, Shashank Khurana, Deepak Verma and Sanjeevani Mishra appeared for the respondent.

Case Title: KOMAL GUPTA v. AMRENDRA KUMAR GUPTA

Citation: 2023 LiveLaw (Del) 875

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