Family Courts Expected To Bring About Settlement, Endeavour Can’t Be To Simply Dispose Of Cases At Cost Of Justice: Delhi High Court
[24 January 2022] The Delhi High Court observed that the Family Courts are expected to function so as to bring about a settlement between the parties if possible, adding that the endeavour of the Court cannot simply be to dispose of the matters, one way or another at the cost of sacrificing the cause of justice. A Bench of Justice Vipin Sanghi and Justice Jasmeet Singh set aside an order passed by a Family Court which had dismissed the divorce petition filed by the appellant husband under sec. 13(1)(ia) of the Hindu Marriage Act. The Family Court had dismissed the said application after observing that the appellant had failed to lead evidence, closing the right to the appellant to lead evidence. The High Court was informed that since the parties were negotiating a settlement for which time was sought from the Court repeatedly, and on that account, the affidavits by way of evidence were not filed.