Karnataka High Court says that the divorce cases should be decided by family courts within one year
Title: SRI. N RAJEEV AND SMT. C. DEEPA
Decided on: 26th July 2023
WRIT PETITION NO. 14769 OF 2023
CORAM : THE HON’BLE MR JUSTICE KRISHNA S DIXIT
INTRODUCTION
The Karnataka High Court put forward a point in this judgement that the courts (trial courts) should make all efforts to try to dispose of matrimonial cases that involve fro the prayer for the dissolution or to nullify the marriage within one year. It provided an outer limit of one year.
FACTS OF THE CASE
The petitioner in this case is aggrieved by the prolonged pendency of his matrimonial case, wherein he seeks a decree for the dissolution/nullity of his marriage with the respondent on fault grounds. The petitioner’s counsel argues that the right to speedy justice, recognized as a constitutional guarantee under Article 21 by the Apex Court, warrants a direction for the prompt resolution of the said case.
The court has dispensed with the need to serve notice to the respondent spouse, as no adverse order is being issued against her interests. Moreover, she will have ample opportunity to participate in the trial of the case before the lower court and will also benefit from the early resolution of the matter.
Court Analysis and Decision
Justice Krishna S Dixit observed “Matrimonial causes should be tried & disposed off on a war footing, at least as a concession to the shortness of human life.” He further pointed out the importance of early disposal and said “So that in the event of granting such a decree, the parties may restructure their lives.”
It then opined “It hardly needs to be stated ‘life is lost in living’. Delay in disposal of such cases very badly affects the parties thereto, needs no deliberation.”
The court made the observation in response to a petition by N Rajeev, ordered the family court to resolve his 2016 marriage dissolution/nullity case within three months.
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Written by- Shreya Sharma