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New Delhi, Oct 30 (IANS) The Delhi High Court has acknowledged the heavy workload and complex realities of family courts while stressing the need for a “balanced and humane approach” in maintenance proceedings.
A single-judge bench of Justice Swarn Kanta Sharma said that although family courts are overloaded with emotionally charged disputes and time constraints, they should strive to ensure that orders on maintenance reflect “judicious application of mind” and are based on material available rather than mechanical guesswork.
Justice Sharma said, “The volume of cases in family courts is very high, and judges often have to hear a large number of cases every day, many of which involve complex and emotionally charged disputes.” He emphasized that “the court must strive to strike a balance between expediency and impartiality”.
The Delhi High Court’s comments came while setting aside an interim maintenance order passed by a family court and sending the case for fresh consideration.
It emphasized that decisions on maintenance, especially at the interim stage, should balance compassion with practicality and rational judgment.
Justice Sharma said that despite the detailed framework laid down by the Supreme Court, family courts often deviate from settled principles or fail to give adequate reasoning while determining interim maintenance.
Noting that “expediency cannot come at the expense of reason”, the Delhi High Court said that the rationale behind the maintenance figure should also be disclosed in interim orders.
“Although it may not be possible to examine every financial statement in detail at the interim stage, the orders passed should not lack logic or lack clarity as to how the quantum of maintenance has been decided,” the judgment said.
Delhi HC said delays are often caused by parties filing incomplete or evasive affidavits of income and assets, thereby increasing pressure on family courts. Nevertheless, it stressed, judicial authorities must ensure that “even within practical limits, orders reflect fairness and transparency”.
“This exercise is not a mere financial calculation, but a judicial responsibility that affects the dignity, livelihood and stability of life. Therefore, maintenance orders should reflect not only purity in law but also an understanding of the human conditions hidden behind the pleas presented before the courts,” Justice Sharma said.
The Delhi High Court directed that copies of its judgment be circulated to all principal district judges and family courts across Delhi and to the Delhi Judicial Academy for inclusion in the training module.
“That a copy of this judgment be circulated to all the learned Principal District and Sessions Judges of the District Courts in Delhi, it may also be directed to be circulated to all judicial officers, particularly the officers presiding over the Family Courts, so that the observations made herein may be duly noted and followed in letter and spirit.”
–IANS
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