Delhi High Court holds that Family Court should not give long adjournments while referring the parties for mediation.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 26 th July, 2023

RAVINDER SINGH BHASIN                                                                                                                             ..... Petitioner

Through: Ms.Aayushi Jain, Adv.

versus

KANWALJIT KAUR & ORS.                                                                                                                               ..... Respondents

Through: Mr.Rajal Rai, Mr.Rohan

Sharma, Ms.Poonam Sharma,

Advs. for R-1.

Mr.Ajay Yadav, Adv for R-2 to 5.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (ORAL)

1. The present petition has been filed by the petitioner challenging the orders dated 01.11.2021 and 14.03.2023 passed by the learned Judge, Family Court, North-West District, Rohini Courts, Delhi (hereinafter referred to as the ‘Family Court’) in HMA No.867/2019 titled Sh. Ravinder Singh Bhasin v. Kanwaljit Kaur & Ors., as also praying for expeditious disposal of HMA No.867/2019 in a timebound manner.

2. By the order dated 01.11.2021, the learned Family Court had framed a preliminary issue on the maintainability of the petition against the respondent nos.2 to 6. The said issue was decided by the learned Family Court vide its order dated 14.03.2023. No challenge to the finding on the issue is raised in the present petition by the petitioner. The challenge to the order dated 01.11.2022 is, therefore, infructuous and I fail to understand why the same has been challenged by way of the present petition.

3. As far as the challenge to the order dated 14.03.2023 is concerned, the learned counsel for the petitioner submits that on the decision on the preliminary issue, the learned Family Court referred the parties to a Court Counselor to explore the possibility of arriving at an amicable settlement, and adjourned the further proceedings in the HMA No.867/2019 to 18.10.2023. She submits that there is no possibility of an amicable settlement of the disputes between the parties, and the adjournment to such a long date was not warranted.

4. The learned counsels for the respondents submit that they have no objection to the preponement of the date of hearing of the HMA No.867/2019 pending before the learned Family Court.

5. Even otherwise, I find that the learned Family Court, while referring the parties to a Court Counselor should not give an adjournment for such a long period. Even though the order records that there are approximately 4000 matrimonial cases of various nature pending before the learned Family Court, such a long adjournment is still not warranted. The Court has to keep a watch on the petition/counseling proceedings that take place before the Court Counselor on a regular basis, and such watch cannot happen if the Court adjourns the matter for such a long date.

6. Be that as it may, with the consent of the learned counsels for the respondents, the date of hearing of HMA No.867/2019 is preponed to 08.08.2023. The learned Family Court is requested not to grant any unwarranted adjournments to either party, and to make an endeavour for expeditious adjudication of the petition pending before it.

7. I am informed that the respondent no.6 in the petition pending before the learned Family Court, remains unserved.

8. The learned Family Court shall also take steps to have the respondent no.6 served expeditiously, so that the petition can proceed for its adjudication.

9. The present petition is disposed of in the above terms.

10. Dasti.

NAVIN CHAWLA, J

JULY 26, 2023/Arya/AS