The Delhi High Court observed that the Family Courts are expected to function with the objective of settlement between the parties if possible, adding that the sole purpose of the Family Courts cannot be to just dispose of the cases at the cost of sacrificing the cause of justice.
A Bench of Justice Vipin Singh 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 Section 13(1) (a) of the Hindu Marriage Act.
Observation of the Court
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 informed that since the parties were negotiating a settlement for which time was sought from the Court consistently, and on that account, the affidavits by way of evidence were not filed. In spite of the same, the Family Court passed the impugned order.
Expressing disappointment at the way, the Family Court passed the impugned order, 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 the 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.
Case Details
Before: Delhi High Court
Case Title: Commodore Pavan Chauhan v. Anusha Chauhan
Coram: Hon’ble Mr. Justice Vipin Sanghai and Justice
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