The Delhi High Court has instructed family court judges to maintain the records of the first motion filed under section 13B(1) of the Hindu Marriage Act, 1955 for a period of 18 months from the filing date. These practice directions were issued by the High Court on April 15 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,” for the information and compliance of family court judges.
The court has observed that the delay in processing the second motion under section 13B(2) of the Act is caused by the time taken to retrieve the file of the first motion proceedings from the record room. To address this issue, the practice directions stipulate that after the first motion is disposed of under Section 13B(1) of the Act, all Family Court judges must retain the record of the first motion in their respective courts for a duration of eighteen months from the filing date.
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
