In a significant development aimed at smoothen the matrimonial litigation, the Delhi High Court has issued guidelines to solve family disputes quickly. 

The court's decision came in response to an appeal filed by SMT. Sumi Mol against the judgment of Family Court.

The decision was pronounced by the division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna.

The appellant had requested the court to set aside the order passed by the Family Court on February 7, 2023, and grant a divorce decree based on the available documentary evidence. The appellant alleged that the respondent deliberately delayed the proceedings by not filing a timely written statement and by not actively participating in the examination process.

The court expressed concerns about the prolonged nature of matrimonial litigation, which often leads to bitterness between the parties and delays in delivering justice. In their judgment, the justices noted that, unlike other types of cases, there are no specific rules governing the time frame for resolving family disputes.

They emphasized the need for swift resolution in such cases. They called upon the principles laid down by the Supreme Court in the case of Salem Advocates Bar Association v. Union of India, which suggested that priority should be given to expeditiously resolving matrimonial cases.

Justice Suresh Kumar Kait stated, "The internal value of the justice system lies in contributing to an efficient social and economic framework. We find that the Civil Procedure Code, 1908 provides for a time frame and similar rules have been framed so far under the Commercial Courts Act, 2015, but no such rule has been framed till today in relation to family litigation..."

In essence, the court highlighted the need for setting time frames and rules to expedite the resolution of family disputes, in contrast to other types of cases.

The court has established a set of guidelines for the strict implementation of proceedings by family courts in Delhi. These guidelines include issuing summons, document inspection, acceptance and rejection of documents, case management hearings, oral and written arguments, and distribution of judgments.

Additionally, the judgment directed the Family Court to make an effort to decide the case within three months from the date of the review.

The court emphasized that any adjournment sought by the respondent or their counsel will be subject to costs, encouraging timely resolution.

Case Title: Smt. K.S. Sumi Mol vs. Sh. S.H. Suresh Kumar E.K.

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