Divorce Cases Should Be Decided By Family Courts Within One Year: Karnataka High Court

The Karnataka High Court has said courts (trial courts) should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year.

A single judge bench of Justice Krishna S Dixit said “Matrimonial causes should be tried & disposed off on a war footing, at least as a concession to the shortness of human life.”

Pointing out the importance of early disposal the bench 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 while allowing a petition filed by one N Rajeev who had approached the court seeking a direction to the family court to dispose of the petition filed by him in the year 2016, seeking a decree for dissolution/nullity of his marriage to the respondent, within three months.

The petitioner argued 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.

Allowing the petition the court requested the Family Court Judge to accomplish the trial and disposal of the subject seven year old case preferably within an outer limit of three months, all contentions having been kept open.

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

Case Title: N Rajeev AND C Deepa

Case No: WRIT PETITION NO. 14769 OF 2023

Citation: 2023 LiveLaw (Kar) 284

Date of Order: 26-07-2023

Appearance: Advocate Basavaraj R Bannur for Petitioner.

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