The Karnataka High Court disposed of a writ petition, filed under Articles 227 of the Constitution of India, praying to direct to the additional judge family court, to dispose of proceedings filed u/s 13 (1) (IA) of the Hindu marriage act, 1955 by the petitioner under sec 13 within 3 months vide annexure-a to the WP. The Court observed that when a matrimonial case involves the prayer for the dissolution/nullity of marriage, courts should make all efforts to try & dispose of the same within an outer limit of one year, so that in the event of granting such a decree, the parties may restructure their lives.
Brief Facts:
The short grievance of the petitioner is as to the long pendency of his matrimonial case wherein he has sought for a decree for the dissolution/nullity of marriage, qua the respondent, on fault grounds. Notice to respondent spouse was dispensed with since no order adverse to her interest is being made and further she will have full opportunity of participation in the trial of the subject case at the hands of the court below.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the right to speedy justice being recognized by the Apex Court as a constitutional guarantee under Article 21, a direction is to be issued for the expeditious disposal of the said case.
Observations of the Court:
The Court said that it is broadly in agreement with the proposition that the matrimonial causes should be tried & disposed of on a war footing, at least as a concession to the shortness of human life.
The Court observed that when a matrimonial case involves the prayer for the dissolution/nullity of marriage, courts should make all efforts to try & dispose of the same within an outer limit of one year, so that in the event of granting such a decree, the parties may restructure their lives. Delay in the disposal of such cases very badly affects the parties thereto and needs no deliberation.
The decision of the Court:
The Karnataka High Court, disposing of the petition, held that the learned Family Court Judge is requested to accomplish the trial & disposal of the subject seven-year-old case preferably within an outer limit of three months
Case Title: Sri. N Rajeev vs Smt. C. Deepa
Coram: Hon’ble Justice Krishna S Dixit
Case no.: WRIT PETITION NO. 14769 OF 2023 (GM-FC)
Advocate for the Petitioner: Mr. Basavaraj R Bannur
Advocate for the Respondents: N/A
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