Family Courts Expected To Act With Due Application Of Mind Without Being Hyper- Technical, Should Have Litigant Friendly Approach: Delhi High Court

The Delhi High Court has observed that the family courts are expected to act with due application of mind without being hyper technical, having a litigant friendly approach.

Justice Vipin Sanghi and Justice Jasmeet Singh observed thus:

"The Family Court is obliged to function so as to relieve the parties of the suffering that they are going through on account of matrimonial disputes. It is expected to act with due application of mind and without being hypertechnical about matters brought before it. The Family Court should have a litigant friendly approach, and function in the spirit of helping parties resolve their disputes – either mutually, or through the Courts determination."

"We may also note that senior and experienced Judicial Officers are posted as Principal Judges of the Family Courts, with the expectation that they will display legal acumen and maturity in dealing with matrimonial and custody disputes."

The Court was dealing with an appeal against the orders passed by Family Court in a second motion petition pertaining to a matter concerning divorce by mutual consent.

It was the case of the appellant husband that while moving the First Motion Petition, an error had occurred in the para relating to the territorial jurisdiction of the Family Court.

It was thus submitted that the Family Court, after assuming that it has jurisdiction allowed the first motion petition wherein no objection was raised by either of the parties.

However, it was submitted that at the time of dealing with second motion petition, the Family Court raised a hyper technical objection to the territorial jurisdiction by observing that it does not have Jurisdiciton.

"There is no doubt that there was a drafting error – as extracted hereinabove, in both these petitions, with regard to the territorial jurisdiction of the Family Court. The relevant paragraph was not drafted with application of mind," the Court said.

Further observing that objection to the territorial jurisdiction must be raised at the earliest opportunity, the bench said that the Court, having assumed jurisdiction, cannot at a later stage, refuse to exercise its jurisdiction by raising the said objection, when neither party raises it.

"Therefore, merely because the party residing within the territorial jurisdiction of the Family Court was arrayed as the Petitioners, and not the Respondent, would not make any difference," the Court said.

Taking note of the fact that the Family Court failed to exercise its jurisdiction which it was bound to, the Court said:

"We, therefore, allow the present appeal and set aside the impugned orders. We restore HMA No. 1701/2020 before the Family Court, Karkardooma Courts, Delhi. The parties shall appear on 22.09.2021 before the Family Court for consideration of the Second Motion Petition."

Title: AJAY DUBEY v. ANNAPURNA

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