The judgment highlights the significance of reducing judicial delay, improving case management, and implementing guidelines for expeditious disposal of family court cases.

JUDGMENT (Oral)

1. Vide the present appeal, the appellant is seeking following reliefs:

"(i) Set aside the impugned order dated 07.02.2023 passed by Ld. Judge-02, Family Court, South-West District, Dwarka District Courts, New Delhi in HMA Pet. No.2800/2017 and pass a judgment and draw a decree of divorce thereon based on the documentary evidences available on record in favour of the Appellate/Petitioner and against the Respondent by invoking provisions u/o VIII Rule-10 of CPC r/w Section 148 & 151 of CPC and its inherent powers vested under article 227 of the Constitution of India as the respondent failed to place on record the written statement wilfully and deceitfully over a period of 5 years and 6 months (over a period of 2000 days);

(ii) Kindly issue direction to Ld. Judge-02, Family Court, South-West District, Dwarka District Courts, New Delhi to set aside the impugned order dated 07.02.2023 and to pass a Judgment and draw a decree of divorce thereon based on the documentary evidences available on record, in favour of the Appellant/Petitioner and against the Respondent by invoking provisions u/o VIII Rle-10 of CPC as the respondent failed to place on record the written statement wilfully and deceitfully over a period of 5 years and 6 months (over a period of 2000 days);

(iii) Pass any other order/direction in favour of the Petitioner/Appellant and against the Respondent as the fundamental rights of life and liberty guaranteed u/s Article 21 of the constitution of India is being curtailed as the Appellant/Petitioner is compelled to pursue the matter endlessly as case is being considered and hear at the cost of her beautiful life period as such the right to life and the liberty;

(iv) Kindly, issue directions to the Ld. Judge-02 Family Court, Dwarka District Courts, Dwarka to initiate proceedings against the Respondent with respect to the application u/s 340 Cr.PC r/w 195 Cr.PC dated 21.11.2022 and further application dated 27.04.2023, which is long pending adjudication;

(v) Kindly pass other order with the vested inherent powers of this Hon'ble Court as no Court can grant extension of limitation against the provisions of the enactment under which the case is being considered and heard before Ld. Judge-02, Family Court, District Courts, Dwarka."

2. From the order sheets of the learned Family Court, we gather that the respondent has been lingering on the divorce petition as neither has the Written Statement been filed on time nor is the respondent conducting the trial diligently. More so, the respondent is playing hide and seek with the Family Court.

3. The divorce petition was filed way back on 12.09.2017 and despite repeated opportunities, the Written Statement was filed on 08.05.2023 after a period of 5 years and 6 months, which is highly belated. The delay in filing the written statement was condoned vide impugned Order dated 07.02.2023 passed by the learned Family Judge, Dwarka and consequently, the written statement was taken on record.

4. Before parting with this case, we may observe that the matrimonial litigation must not be allowed to linger inordinately over a long period of time as it is not only painful and acrimonious for the parties but also such long drawn litigation is many a times, motivated by the intention of either party to drag the litigation. Reducing judicial delay and improving litigation processes by case management techniques are important elements of increasing access to justice. The intrinsic value of the justice system lies in its role in contributing to an effective social and economic framework. We find that while the Code of Civil Procedure, 1908 provides for timeline to be adhered to and similar Rules have being enacted for the Commercial Courts Act, 2015, no such Rules giving any timeline have been framed till date in respect of the family litigation despite the directions of the Apex Court in the case of Salem Advocates Bar Association vs. Union of India, (2005) 6 SCC 344 wherein it was reco