Time For Filing Written Statement Can Be Extended By Family Courts If Exceptional Circumstances Shown: Delhi High Court

The Delhi High Court had said that the time period of filing written statement, being in the realm of procedural law, can be extended under the Family Courts Act, 1984, if the applicant spells out exceptional circumstances or disability faced by him or her in filing the same.

A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta however underscored that ordinarily, the time schedule for filing the written statement needs to be followed to deal with family disputes in an expeditious manner.

“The departure should be as an exception for the reasons to be assigned by the respondent and in case grave injustice would be incurred, if the opportunity to file the written statement is denied. The same depends upon the facts and circumstances of a given case,” the court said.

It added that for the purpose of 'procedure' and for the 'purpose of evidence', the Family Court adopts a less formal procedure and is free to evolve its own procedure, although Section 10 of the Family Courts Act makes the procedure laid down under Code of Civil Procedure, 1908, applicable to the proceedings.

The court was dealing with a wife's appeal challenging a family court order which dismissed her Review Application for taking the written statement on record, in a divorce case.

The marriage between the parties was solemnized on November, 2005. Two children were born out of the wedlock in 2008 and 2013. In 2016, the husband preferred a divorce petition under Section 13(1)(ia) and 13(1)(iii) of Hindu Marriage Act, 1955.

The bench noted that when the wife's application for taking the written statement on record came up for consideration before the family court, the matter was put up for settlement or reply as well as consideration of the said application.

It further noted that the wife took a specific stand that she had changed her counsel and the new counsel had inspected the judicial file of the case and it was revealed that no issues had been framed and the matter was fixed for evidence.

“As such, it is evident that the appellant was unaware that the written statement had not been filed and taken on record,” the court said.

The bench observed that no doubt, the Courts must act stringently to ensure that the timelines as set out procedurally are met to avoid any delays but at the same time, it cannot be ignored that the future of the wife in the case, along with two minor daughters, was at stake.

The court said if the valuable right to defence by way of filing of written statement of the wife was closed, grave injustice may incur to her.

“It cannot be ignored that the appellant was under a great mental stress as it has been pointed out that one of the daughters is in the custody of the respondent. The case is still posted for cross-examination of respondent and no prejudice is likely to be caused in case written statement is permitted to be taken on record and matter is proceeded with, after framing of issues,” the court said.

Setting aside the impugned order, the court allowed taking of wife's written statement on record subject to cost of Rs.3,000 to be paid by her to the husband.

“The same would ensure the proper and effective adjudication of the petition filed by the respondent. The order passed by learned Judge, Family Court declining to take the written statement on record is accordingly set aside. Appeal is allowed,” the court said.

Title: X v. Y

Citation: 2023 LiveLaw (Del) 1315

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