Delhi HC directs judges of all family courts to retain copy of first motion U/S 13B(1) of Hindu Marriage Act for 18 months
Court took note of the delay caused in the disposal of the second motion under section 13B(2) of the Act due to the time taken in summoning the file of the first motion proceedings from the record room.
The Delhi High Court has directed the judges of all family courts to keep the first motion record under Section 13B(1) of the Hindu Marriage Act, 1955 in their courts for a period of eighteen months following the date on which the first motion was filed.
On April 15, the High Court issued "practice directions" on the recommendations of the “Rules Committee under Section 123 of the CPC which also looks into Delhi High Court (Original Side) Rules, 2018 and Ancillary Matters” for information and compliance by judges of the family courts.
“It has been brought to the notice of this Court that delay is caused in the disposal of the second motion under Section 13B(2) of the Hindu Marriage Act, 1955 due to time taken in summoning the file of the first motion proceedings under Section 13B(1) of the Act from the record room”, the court stated.
“In order to obviate the said delay, it is directed that upon disposal of the first motion under Section 13B(1) of the Act, all Judges of Family Courts shall retain the record of the first motion in their Courts for a period of eighteen months from the date of filing of the first motion. The said record be sent to the record room either upon the expiry of the said period or upon the disposal of the second motion under Section 13B(2)”, the court added.
The court also stated that the abovementioned practice directions shall come into force with immediate effect.