As per the latest practice directions issued by the Delhi High Court, family court judges are now mandated to retain the records of the initial motion filed under section 13B(1) of the Hindu Marriage Act, 1955 for a period of 18 months from the filing date. These directions, which were released on April 15, are 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 to inform and ensure compliance by family court judges.
The court has acknowledged that the delay in processing the second motion under section 13B(2) of the Hindu Marriage Act is often caused by the time taken to retrieve the file of the first motion proceedings from the record room. To address this concern, the recent practice directions now mandate that all Family Court judges retain the records of the first motion in their respective courts for a duration of eighteen months from the date of filing, 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
