Karnataka High Court: Resolve Marriage Dissolution Petitions Within A Year

The Karnataka High Court recently emphasizes the need for speedy disposal of matrimonial cases involving marriage dissolution or nullity, setting a one-year outer limit for such proceedings.

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

While pointing out the importance of early disposal the bench stated, “So that in the event of granting such a decree, the parties may restructure their lives.”

Furthermore, it 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’s observation came during a petition filed by N Rajeev, seeking directions to the family court for expeditious disposal of his 2016 petition for marriage dissolution/nullity. Acknowledging the constitutional guarantee of the right to speedy justice under Article 21, the court grants the petitioner’s request and directs the Family Court Judge to ideally resolve the 7-year-old case within 3 months, with all contentions remaining open.

Furthermore, the court instructed the Registrar General to circulate the judgment widely to prevent similarly situated litigants from having to seek separate directions for expeditious disposal of their cases.