Delhi High Court Directs Family Courts To Retain Record Of First Motion Under Section 13B(1) Of HMA For 18 Months

The Delhi High Court has directed the judges of all the family courts to retain the record of first motion under section 13B(1) of Hindu Marriage Act, 1955 for 18 months from the date of the filing.

The practice directions have been issued by the High Court on April 15 on the recommendations of "Rules Committee under Section 123 of the CPC which also looks into Delhi High Court (Original Side) Rules, 2018 and Ancillary Matters" for information and compliance by judges of the family courts.

The court has noted that a delay is caused in disposal of the second motion under section 13B(2) of the Act due to the time taken in summoning the file of the first motion proceedings from the record room.

“In order to obviate the said delay, it is directed that upon disposal of the first motion under Section 13B(1) of the Act, all Judges of Family Courts shall retain the record of the first motion in their Courts for a period of eighteen months from the date of filing of the first motion,” the practice directions state.

The practice directions have come into force with immediate effect.

“The said record be sent to the record room either upon the expiry of the said period or upon the disposal of the second motion under Section 13B(2),” they read.

Click Here To Read Practice Directions