The High Court of Karnataka said that when a matrimonial case involves the plea for the dissolution /nullity of marriage, the courts should make their best efforts to dispose it of within a maximum limit of one year so that in the process of granting a divorce decree the parties may take a fresh move to reshape/restructure their lives for a better future.
While disposing of a petition filed by a man who had sought a direction to a Bengaluru Family Court to take the decision on his application which was filed back in 2016 seeking dissolution of his marriage, Justice Krishna S. Dixit issued the direction.
The Court observed, “It hardly needs to be stated that ‘life is lost in living’. Delay in disposal of such cases very badly affects the parties thereto, needs no deliberation.” Along with the statement, it also quoted Thomas Carlyle, a British historian and a great philosopher who had said, “Life is too short to be little.”
Right to Fasttrack or Speedy Justice
On agreeing with the petitioner’s contention that he has a right to speedy justice under Article 21 of the Constitution as per the apex court’s interpretation, the High Court stated, “It is broadly in agreement with the proposition that matrimonial causes should be tried and disposed of on a war footing, at least as a concession to the shortness of human life.”
While directing the Family Court to dispose of the petitioner’s application within a maximum limit of three months, the High Court directed its Registrar-General to circulate the judgment to all the trial courts so that the litigants placed there may not unnecessarily knock at the doors of the High Court seeking a direction for the expeditious disposal of their cases.
Source: https://www.thehindu.com/news/national/karnataka/courts-should-decide-pleas-for-dissolution-of-marriage-within-one-year-to-enable-litigants-to-restructure-their-lives-karnataka-high-court/article67127784.ece