FAMILY COURT SHOULD TAKE A LITIGATION-FRIENDLY APPROACH AND NOT HYPER-TECHNICAL WHILE DEALING WITH CASES - DELHI HC

A Division Bench of Justices Vipin Sanghi and Jasmeet Singh of the Delhi HC said that the family court should take a litigant-friendly mindset approach and not a hyper-technical approach while dealing with cases. The bench said that many times the parties appear in person without the help of any lawyer. Therefore, the rigid procedure and rule of evidence should be more relaxed and should approach a friendly spirit in helping them to resolve the issues. 

Any objection regarding the territorial jurisdiction must be raised at the earliest and not later, especially when neither of the parties objected. 

The Delhi HC passed the order while dealing with an appeal against two orders passed by a family court at Karkardooma Court in mutual consent divorce u/s 13-B of the Hindu Marriage Act, 1955. In 2019 the court entertained the first motion petition u/s 13(B)(1). However, the second motion u/s 13B(2) was dismissed on the grounds of lack of territorial jurisdiction.

The HC observed that the family court's approach was narrow and mechanical. The HC bench said that the parties clearly stated residence before the court, and the same had fallen in its jurisdiction. Moreover, by allowing the first motion, the family court had made it clear that the matrimonial dispute had jurisdiction. 

The bench allowed the present appeal and directed the parties to appear for a second motion petition before the family court.

Author: Papiha Ghoshal