Delhi High Court Mandates Preservation of Records of First Motion under Section 13B(1) of Hindu Marriage Act (HMA) by Family Courts for 18 Months

Delhi High Court Mandates Preservation of Records of First Motion under Section 13B(1) of Hindu Marriage Act (HMA) by Family Courts for 18 Months

As per the recent practice directions from the Delhi High Court, family court judges are now required to preserve the records of the first motion filed under section 13B(1) of the Hindu Marriage Act, 1955 for a duration of 18 months from the date of filing. These directions, issued on April 15, were based on the recommendations of the “Rules Committee under Section 123 of the CPC, which also oversees the Delhi High Court (Original Side) Rules, 2018 and Ancillary Matters,” and are intended for the information and compliance of family court judges.

The court has noted that the delay in processing the second motion under section 13B(2) of the Hindu Marriage Act is often due to the time taken to retrieve the file of the first motion proceedings from the record room. In order to tackle this issue, the practice directions now require all Family Court judges to retain the record of the first motion in their respective courts for a period of eighteen months from the filing date, once it has been disposed of under Section 13B(1) of the Act.

The practice directions have come into force with immediate effect.

“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),” they read.

 

Source: https://www.livelaw.in/news-updates/delhi-high-court-family-courts-first-motion-section-13b1-hma-226550

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