Court should dispose the Divorce case within time limit of One year : Karnatka HC

You are currently viewing Court should dispose the Divorce case within time limit of One year : Karnatka HC

The Karnataka High Court recently said that courts should make every effort to dispose of cases seeking dissolution of marriage within a maximum time limit of one year.

“When a matrimonial matter involves a prayer for dissolution/invalidation of the marriage, the courts should endeavour to dispose of it within an outer limit of one year, so that in the event of granting such a decree, the parties can restructure their lives,

” A bench headed by Justice Krishna S Dixit said.” The court said that matrimonial cases should be heard and disposed of on a war footing as delay in disposal of such cases adversely affects the parties.

Before the high court, the petitioner sought a direction to the family court to expedite the disposal of his petition filed in 2016 to end his marriage with the respondent. The petitioner’s counsel sought such a direction arguing that Article 21 of the Constitution guarantees the right to a speedy trial.

While accepting the petition, the court emphasised that  efforts should be made to resolve the matter within three months. “The learned family court judge is requested to complete the trial and settlement of the seven-year-old case within an outer limit of three months, all disputes have been kept open,”the order said.”

The court directed the Registrar General to disseminate the judgment among all the parties concerned, to ensure that other litigants facing similar circumstances do not have to approach the court seeking directions for expeditious resolution of their cases.

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