Family Court Must Balance Expediency and Fairness in Matrimonial Disputes: High Court Intervention.
20 December 2024
Family dispute >> Family Law | Hindu Marriage Act >> Marriage Law
In Pooja Sharma v/s Arun Sharma., the appellant challenged the Family Court's order closing her right to examine herself after she failed to appear for cross-examination on December 18, 2024, due to work commitments. She had already undergone cross-examination on the preceding days. The Family Court also deferred her application for maintenance under Section 24 of the Hindu Marriage Act, 1955, until the main petition's conclusion.
The High Court partially allowed the appeal, finding that while the Family Court acted within its discretion to defer the maintenance application, it erred in closing her right to examination hastily. The High Court emphasized that in sensitive matrimonial matters, courts should exhibit flexibility, especially when one party demonstrates genuine reasons for non-appearance.
The High Court directed the Family Court to schedule a date for cross-examination in January 2025 and cautioned the appellant to ensure her availability. The court also noted the frequent delays caused by prolonged cross-examinations in matrimonial disputes, urging Family Courts to expedite proceedings by avoiding irrelevant questioning and ensuring adherence to the Family Courts Act's objective of swift dispute resolution. Finally, the High Court directed this guidance to be circulated among all Family Courts in Delhi.
Section 24, HINDU MARRIAGE ACT - 1955