Delhi High Court seeks details of infrastructure, pendency in family courts

The Delhi High Court has asked the Delhi government to submit details of all relevant data of family court judges, matters pending before them and status of infrastructure of such courts in the national capital [Ishan Taneja vs. Govt. of NCT of Delhi & Ors.]..Single-judge Justice Yashwant Varma asked the Delhi government to file a a detailed counter-affidavit in this regard within four weeks. "The present plea seeks establishment of proper Family Court rules and places reliance on Rules for the Family Courts in the State of Maharashtra. The Delhi government is directed to file its reply and counter-affidavit within four weeks, with relevant data of Family Court judges, matters pending before them and status of infrastructure," the Court said. The matter will be heard next on October 8.The order was passed on a petition filed by one Ishan Taneja, a litigant at a family court in Delhi raising the grievance of long adjournments being given by such courts, even during the pre-trial stage.The petition, therefore, sought framing of proper family court rules. .The petition also highlighted the issue of inordinate delay in disposal of family or matrimonial disputes pending before the various family courts in the national capital. "Even at the preliminary stage of appearance of parties and for completion of pleadings long adjournments of about nine months are being given primarily on account of huge pendency," the plea said in this regard.It was submitted that in view of the nature of litigation before family courts, inordinate and unnecessary delays have to be curtailed so as to effectively administer justice in family disputes. The petition, therefore, sought appropriate directions to the concerned authorities to frame exhaustive and effective rules for proper functioning of the family courts, in order to achieve speedy disposal of disputes before it."That the right of petitioners to access to justice is most ordinarily denied on account of long adjournments and delays before the family Courts. The delay is attributable to various reasons.However, the family court dealing with matrimonial disputes is required to utilize the judicial time for effective dispensation of justice and such delays are required to be curbed in the interest of advancement of justice," the plea highlighted.Additionally, the plea stated that the plaintiff's case was not a standalone one and that family matters getting delayed causes multiple litigation and a further deterioration of marital discord.A large number of litigants are already suffering on account of delays in matrimonial, guardianship, maintenance and property matters on account of delay, the petitioner contended..Advocates Abhinav Bajaj and Prateek Goswami represented the petitioner. Advocate Nidhi Raman appeared for the State..Family Court does not require consent of parties to conduct enquiry to find out truth: Kerala High Court