REGULATORY · INDIA
Karnataka High Court tightens stance on adjournments in family-court proceedings
Change
The Karnataka High Court ruled that family courts (and the High Court) cannot grant adjournments on a liberal basis solely because the applicant is a woman, and dismissed a woman’s petition while imposing ₹10,000 costs for protracting a divorce proceeding.
Why it matters
The High Court stated that a liberal approach to adjournments merely because applications are filed by women would encourage repeated adjournments and prolong litigation. In the case before it, the court dismissed a petition challenging a family court’s refusal to allow further cross-examination of the husband and imposed ₹10,000 costs, citing intentional delay and wasted court time. The court emphasized that the Family Courts Act and the Code of Civil Procedure cannot be used to frustrate proceedings or inconvenience the opposing party or the court. The ruling also highlights judicial scrutiny of prolonged interim-maintenance periods in drawn-out matrimonial disputes (the order notes over ₹27 lakh paid as interim maintenance during the pendency).
Implications
- • Adjournment requests based on litigant gender face reduced judicial tolerance in Karnataka.
- • Higher likelihood of costs/penalties where courts find intentional delay in family cases.
- • Procedural requests (e.g., further cross-exam) may be constrained if seen as protraction.
- • Extended interim-maintenance exposure can persist where proceedings are prolonged.
Who is affected
- • Family-court litigants in Karnataka (divorce/maintenance/custody matters)
- • Family-law advocates and litigators handling adjournment and evidence-stage requests
- • Bengaluru and Karnataka family courts managing case backlogs and scheduling
- • Parties paying or receiving interim maintenance during pending matrimonial cases
Source
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