Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
Live LawThe Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a suit has been duly instituted, summons may be issued to the defendant to appear and answer the claim and to file the written statement of defence within 30 days. “Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons,” the court said. Furthermore, the bench directed that all the parties shall complete inspection of all documents disclosed within 30 days of the date of filing of the written statement and that the family court may extend the time limit upon application at its discretion, but not beyond 30 days. “The interim applications for "maintenance pendente lite," "interim custody" and all other miscellaneous applications relating to marriage/family affairs shall be decided within 90 days from the date of filing,” the court said.