CHANDIGARH: Citing the impediment in courts’ working in the Covid-10 scenario, the Punjab and Haryana high court has made it clear that it cannot direct the family courts to expedite the matters related to matrimonial disputes and decide these in a time-bound manner.
"This court is conscious of the emotional fragmentation of the parties in the matrimonial cases and the delay caused, does lead to more pain and agony. But at the same time, we have to see that on account of pandemic situation and restricted working of the courts, some delay has taken place, but no such direction, as such, can be given to the concerned court, to expedite the matter and decide the same in a time-bound manner," the HC has observed. The HC, however, clarified that it is expected and desired that the family court judge shall endeavour to expedite the case and not to adjourn the matter, without any substantial reason as far as possible, keeping in view the objects and reasons of the Family Court Act and instructions, issued from time to time.
Justice Archana Puri of the HC has passed these orders while hearing a petition filed by the petitioner seeking directions to principal district judge, family court, Gurugram, to expedite the proceedings in a petition related to matrimonial dispute.
Husband had filed plea against 'delay tactics'
The petition filed by the husband had asserted that he is aggrieved by the delay tactics, adopted by the wife, in the proceedings initiated by him, for dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act.
It was submitted by the counsel for the petitioner that on account of the attitude of respondent-wife, the proceedings are running at a snail's pace and matter is being delayed without any rhyme or reason.
It was also submitted that even though the petition was filed in October 2019, but for filing of the written statement, the case had been adjourned, several times and it was only on September 28, 2021, after availing several opportunities, that the written statement had been filed.
After hearing the plea, the HC disposed of the matter observing that the petition was filed on October 31, 2019, and soon thereafter, there was a pandemic situation, which led to restricted working of the courts.
