Family Courts Expected To Bring About Settlement, Endeavour Can't Be To Simply Dispose Of Cases At Cost Of Justice: Delhi High Court

The Delhi High Court has observed that the Family Courts are expected to function so as to bring about a settlement between the parties if possible, adding that the endeavour of the Court cannot simply be to dispose of the matters, one way or another at the cost of sacrificing the cause of justice.

A Bench of Justice Vipin Sanghi and Justice Jasmeet Singh set aside an order passed by a Family Court which had dismissed the divorce petition filed by the appellant husband under sec. 13(1)(ia) of the Hindu Marriage Act.

The Family Court had dismissed the said application after observing that the appellant had failed to lead evidence, closing the right to the appellant to lead evidence.

The High Court was informed that since the parties were negotiating a settlement for which time was sought from the Court repeatedly, and on that account, the affidavits by way of evidence were not filed.

Notwithstanding the same, the Family Court passed the impugned order.

Expressing dismay at the "poorly manner" in which the Family Court had conducted itself, the Bench said:

"The endeavour of the Court cannot be simply to dispose of matters, one way or another at the cost of sacrificing the cause of justice. The Family Courts are expected to function so as to bring about a settlement, if possible."

"Since the parties, themselves, were seeking an adjournment on account of them being in negotiation, there was no justification for the Family Court to have declined the request for adjournment made before it; to have closed the right of the appellant to lead evidence and; to proceed to judgment dismissing the divorce petition. The impugned order reflects very poorly in the manner in which the Family Court has conducted itself," the Court added.

Setting aside the said impugned order, the Court said that the parties may be referred for mediation.

The plea was accordingly disposed of.

Case Title: COMMODORE PAVAN CHAUHAN v. ANUSHA CHAUHAN

Citation: 2022 LiveLaw (Del) 38

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