Family courts in Delhi will resume functioning in a restricted manner, a committee constituted by the high court has decided.
Matters would be heard through video-conferencing and cases in which arguments have already been heard and the order has been reserved should be given priority, the committee, headed by Delhi High Court Judge Justice Hima Kohli, resolved.
The committee was set up to hold deliberations on a "graded action plan" on commencement of normal functioning of courts after the withdrawal of the ongoing lockdown to combat the novel coronavirus outbreak.
"Since so far, no hearings have taken place in the Family Courts after the functioning of the courts was suspended, after due deliberations, it has been resolved that the Family Courts in Delhi would start taking up the matters as per the directions," it said.
The committee, constituted by the high court and comprising its four judges, is holding deliberations on a "graded action plan" to meet the challenges likely to be faced by it and the trial courts once they commence normal functioning after the withdrawal of the lockdown.
The committee resolved that every Principal Judge, in coordination with local district court bar associations and with the support of the District and Sessions Judge concerned would create video-conferencing facility for those advocates and litigants whose matters have been listed but they are not in a position to handle video-conferencing from their respective homes/offices.
"The court-hearing in the court-complex shall be discouraged, to the extent possible and in case, video-conferencing hearing is not possible and the matter is urgent, the court-hearing may be permitted subject to adherence to all norms and precautions," it resolved.
The committee further said that tutorial regarding features and use of e-filing be prominently displayed on the website of Family Courts and Delhi District Court and training be imparted to all concerned readers, counsellors and stenographers on using Cisco WebEx software.
It said that filing of non-urgent/routine matters should be permitted through e-filing module with the rider that it would be taken up for hearing as and when the normal and regular functioning of the courts resumes.
One court official of each district court would act as coordinator, who would ensure that copy of the petition received through e-filing module is sent to the concerned Judge well before the scheduled video conferencing hearing, the committee said.
"The counsellor shall also be joined in the video-conferencing hearing, wherever required. The presiding officer shall, before taking up such matters, ensure that parties have already explored the settlement avenues.
"Since only the scanned copies of the petition, documents, etc. are to be received through e-filing module, it shall be incumbent on the part of the concerned advocate and party to vouch for the authenticity for the same by submitting prescribed undertakings, it said.
The committee further resolved that in case the lockdown was extended beyond May 3, all the matters, except for petitions under certain sections of the Hindu Marriage Act and final argument matters of more than 5 years old cases, be adjourned.
In the next phase, urgent applications, whether in pending cases or otherwise, seeking maintenance, custody, visitation rights, petitions under section 13-B (1) (dissolution of marriage by a decree of divorce) of the Hindu Marriage Act and ex-parte matters shall be taken up through video-conferencing, it said.
The nationwide lockdown to check the spread of the novel coronavirus, which came into force on March 25, has been extended till May 3.
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