The Delhi High Court has directed all the Family Courts Judges to retain the record of first motion of mutual consent divorce under Section 13B(1) of the Hindu Marriage Act, 1955 for 18 months from the date of the filing before consigning it to Record Room.
The direction has been issued on the recommendations of the “Rules Committee under Section 123 of the CPC which also looks into Delhi High Court (Original Side) Rules, 2018 and Ancillary Matters”.
The purpose of the direction is to obviate the delay caused in disposal of the second motion under Section 13B(2) of the Hindu Marriage Act, 1955 due to time taken in summoning the file of the first motion proceedings.
"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 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)”, the notice reads.
The practice came into effect on 15th April 2023.
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(With input from news agency language)
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