karnataka high court

Karnataka High Court: While deliberating over the instant petition narrating his grievance over the long pendency of his matrimonial case wherein, he had sought for a decree for the dissolution/nullity of marriage; the Bench of Krishna S. Dixit, J.*, opined that matrimonial causes should be tried & disposed of on a war footing, at least “as a concession to the shortness of human life”.

Owing to the 7-year long pendency of the petitioner’s case, his counsel prayed for direction of speedy disposal from the Court stating that right to speedy justice is recognized by the Supreme Court as a constitutional guarantee under Article 21 of the Constitution.

Quoting Thomas Carlyle, a reputed British historian who had said: “Life is too short to be little”, the Court said that when a matrimonial case involves the prayer for the dissolution/nullity of marriage, courts should make all efforts to try and dispose of the same, preferably within one year, so that in the event of granting such a decree, the parties may re-structure their lives. Delay in disposal of matrimonial cases affects the parties thereto very badly.

With afore-stated observations, the Court intreated the Family Court Judge to accomplish the trial and dispose of the seven-year-old case preferably within an outer limit of three months, all contentions having been kept open.

The Court also directed the Registrar General to circulate this judgment in all the concerned circles so that other similarly circumstanced litigants may not unnecessarily knock at the doors of this court seeking a direction for the expeditious disposal of their cases.

[N. Rajeev v. C. Deepa, 2023 SCC OnLine Kar 40, decided on 26-07-2023]

*Order by Justice Krishna S. Dixit

Advocates who appeared in this case :

Appearing for the petitioner- Basavaraj R. Bannur, Advocate.

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