Courts should make every effort to dispose of cases praying for dissolution of marriage within a maximum timeframe of one year, the Karnataka High Court recently said. [N Rajeev v. C Deepa]
“When a matrimonial case involves the prayer for the dissolution/nullity of marriage, courts should make all efforts to try & dispose off 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,” observed a Bench of Justice Krishna S Dixit.
Matrimonial cases should be tried and disposed of on a war footing, as delay in disposal of such cases affects the parties very badly, the Court added.
The petitioner before the High Court sought a direction to the family court to expedite the disposal of his petition for dissolution of his marriage to the respondent, which was filed in 2016.
Counsel for the petitioner urged for such direction, arguing that Article 21 of the Constitution guaranteed the right to speedy trial.
While allowing the plea, the Court emphasized that efforts should be made to resolve the case within three months.
“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, all contentions having been kept open,” the order stated.
The Court further directed the Registrar General to circulate the judgment among all relevant parties, ensuring that other litigants facing similar circumstances do not have to approach the Court seeking directions for the speedy resolution of their cases.
Advocate Basavaraj R Bannur represented the petitioner.
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