Family Courts cannot dispose of matters at cost of sacrificing cause of justice: Delhi High Court

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"We are dismayed at the approach adopted by Ms. Anju Bajaj Chandna, Principal Judge, Family Court, New Delhi District, Patiala House Courts, New Delhi. The endeavour of the Court cannot be simply to dispose of matters, one way or another at the cost of sacrificing the cause of justice. The Family Courts are expected to function so as to bring about a settlement, if possible. Since the parties, themselves, were seeking an adjournment on account of them being in negotiation, there was no justification for the Family Court to have declined the request for adjournment made before it; to have closed the right of the appellant to lead evidence and; to proceed to judgment dismissing the divorce petition. The impugned order reflects very poorly in the manner in which the Family Court has conducted itself."

The Court was hearing an appeal against a family court order in a divorce petition preferred by a husband under Section 13(1)(ia) of the Hindu Marriage Act.

The High Court thus set aside the order and referred the parties for mediation, at their request.