Family courts can’t be liberal in giving adjournments only because litigant is a woman: Karnataka High Court

Family courts and the High Court cannot follow a wide attack to assistance adjournments lone due to the fact that applications are filed by women litigants, arsenic specified an attack would unfastened the floodgates for taking adjournments and protracting the litigation, said the High Court of Karnataka.

The tribunal made this reflection portion imposing a outgo of ₹10,000 connected a pistillate who had protracted the proceeding successful 2019 connected her husband’s plea earlier the Bengaluru household tribunal for dissolution of their matrimony and had obtained much than ₹27 lakh arsenic interim attraction from him during this period.

Justice Chillakur Sumalatha passed the bid portion dismissing the petition filed by a 35-year-old pistillate from Kanakapura municipality successful Bengaluru South district. The petitioner had questioned the household court’s bid rejecting her plea for further cross-examining her husband.

“This lawsuit reveals a precise atrocious authorities of affairs. In lawsuit the litigation successful Indian courts is carried retired successful the mode successful which the proceedings successful this lawsuit went connected till now, nary lawsuit volition beryllium disposed wrong a decade. Breach of mandate of instrumentality is intelligibly found...”, the tribunal observed portion noticing that the petitioner did not implicit the process of cross-examination for each these years and had been seeking support for “further cross-examination” and adjournments astatine regular intervals.

The proceedings earlier the courts cannot beryllium proceeded with astatine the whims and fancies of the parties arsenic neither the Family Courts Act nor the Code of Civil Procedure tin beryllium taken assistance to frustrate the proceedings oregon to origin inconvenience either to the different enactment oregon to the courts arsenic such, Justice Sumalatha observed. The High Court imposed outgo connected her for intentionally dragging connected the substance and wasting the clip of some the courts.