Delhi High Court Emphasizes Balanced Approach in Family Maintenance Cases: Beyond Expedition to Reasoned Justice
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Delhi High Court observed that expedition cannot come at the cost of reason in judicial proceedings.
New Delhi:
The Delhi High Court has recognized the substantial workload and intricate realities confronting family courts while emphasizing the necessity for a "balanced and humane approach" in maintenance proceedings.
Justice Swarana Kanta Sharma, sitting as a single-judge bench, noted that despite family courts being overwhelmed with emotionally charged disputes and time limitations, they must endeavor to ensure maintenance orders demonstrate "judicious application of mind" based on available evidence rather than mechanical assumptions.
"The volume of cases before the Family Courts is extremely high, and judges are often required to hear a large number of matters each day, many of which involve complex and emotionally charged disputes," Justice Sharma remarked, highlighting that "the Court must endeavour to strike a balance between expedition and fairness."
These observations emerged as the Delhi High Court set aside a family court's interim maintenance order and remanded the matter for fresh consideration. The court emphasized that maintenance decisions, particularly at interim stages, must harmonize compassion with practicality and reasoned adjudication.
Justice Sharma further noted that despite the comprehensive framework established by the Supreme Court, family courts frequently deviate from established principles or fail to provide sufficient reasoning when determining interim maintenance.
Emphasizing that "expedition cannot come at the cost of reason," the Delhi High Court stated that even interim orders must disclose the rationale behind maintenance determinations.
"While it may not be possible to undertake a detailed examination of every financial detail at the interim stage, the orders passed should not suffer from lack of reasoning or absence of clarity as to how the quantum of maintenance has been arrived at," the judgment stated.
The court observed that delays are frequently caused by the parties themselves submitting incomplete or evasive income and asset affidavits, further straining family courts. Nevertheless, it emphasized that judicial officers must ensure "even within practical limitations, the orders reflect fairness and transparency."
"This exercise is not a mere financial calculation but a judicial responsibility that affects the dignity, sustenance, and stability of lives. Therefore, orders on maintenance must reflect not only correctness in law but also an understanding of the human conditions that lie beneath the pleadings presented before the courts," Justice Sharma observed.
The Delhi High Court directed that its judgment be circulated to all principal district judges and family courts across Delhi, as well as to the Delhi Judicial Academy for inclusion in training programs.
"Let a copy of this judgment be circulated to all the learned Principal District and Sessions Judges of the District Courts in Delhi, with a direction to circulate the same to all Judicial Officers, particularly those presiding over the Family Courts, so that the observations made herein are duly noted and complied with in letter and spirit," the court ordered.
Source: https://www.ndtv.com/india-news/delhi-high-court-calls-for-balanced-humane-approach-in-maintenance-cases-9544589