LI Network
Published on: December 20, 2023 at 14:10 IST
The Delhi High Court has stated that the time period for filing a written statement, falling under procedural law, can be extended by Family Courts under the Family Courts Act, 1984, if the applicant demonstrates exceptional circumstances or faces disability in filing the same.
A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta, however, emphasized that, ordinarily, the prescribed time schedule for filing the written statement should be adhered to in order to expeditiously handle family disputes.
“The departure should be as an exception for the reasons to be assigned by the respondent and in case grave injustice would be incurred if the opportunity to file the written statement is denied. The same depends upon the facts and circumstances of a given case,” stated the court.
It added that for the purpose of ‘procedure’ and ‘evidence,’ the Family Court adopts a less formal procedure and is free to evolve its own procedure, although Section 10 of the Family Courts Act makes the procedure laid down under the Code of Civil Procedure, 1908, applicable to the proceedings.
The court addressed a wife’s appeal challenging a family court order that dismissed her Review Application for taking the written statement on record in a divorce case.
The marriage between the parties was solemnized in November 2005, and two children were born in 2008 and 2013. In 2016, the husband filed a divorce petition under Section 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act, 1955.
The bench noted that when the wife’s application for taking the written statement on record came up for consideration before the family court, the matter was scheduled for settlement or reply as well as consideration of the said application.
It further noted that the wife asserted that she had changed her counsel, and the new counsel had inspected the judicial file, revealing that no issues had been framed, and the matter was fixed for evidence.
“It is evident that the appellant was unaware that the written statement had not been filed and taken on record,” the court remarked.
While acknowledging the importance of adhering to procedural timelines, the court emphasized that the future of the wife, along with two minor daughters, was at stake. If the valuable right to defense, through the filing of the written statement, was denied, grave injustice might occur.
The court set aside the impugned order, allowing the wife’s written statement to be taken on record, subject to a cost of Rs. 3,000 to be paid by her to the husband.
“This would ensure the proper and effective adjudication of the petition filed by the respondent. The order passed by the learned Judge, Family Court, declining to take the written statement on record is accordingly set aside. The appeal is allowed,” the court concluded.
Title: X v. Y