Karnataka High Court: “Life is too short to be little” – Expeditious Resolution of Matrimonial Cases Upheld as a Constitutional Right
In a significant ruling, the Karnataka High Court, presided over by the Hon’ble Mr. Justice Krishna S Dixit, delivered a landmark judgement on Writ Petition No. 14769 of 2023 (GM-FC) on July 26, 2023. The case brought to light the distressing issue of prolonged pendency of matrimonial cases in courts, and the court’s verdict emphasized the constitutional guarantee of the right to speedy justice under Article 21 of the Constitution of India.
Representing the petitioner, Sri. N Rajeev, Advocate Sri. Basavaraj R Bannur ardently presented the case before the court. The petitioner sought the dissolution/nullity of marriage with the respondent, Smt. C. Deepa, invoking Section 13(1) (IA) of the Hindu Marriage Act, 1955.
Justice Dixit’s judgment eloquently highlighted the urgency of resolving matrimonial disputes expeditiously. Quoting the renowned British historian, Thomas Carlyle, the court reiterated, “Life is too short to be little.” The court observed that undue delays in matrimonial cases have a severe impact on the lives of the parties involved, emphasizing the need to grant them an opportunity to move on and rebuild their lives.
Recognizing the paramount importance of timely justice, the court dispensed with notice to the respondent, assuring her of a fair opportunity to participate in the trial. The judgment directed the Family Court Judge to expedite the trial and disposal of the seven-year-old case within an outer limit of three months.
The verdict also addressed the wider issue of expediting similar cases in the future, as the court instructed the Registrar General to circulate the judgment among concerned circles. This move aims to prevent litigants from unnecessarily seeking directions for the expeditious disposal of their cases.
The ruling of the Karnataka High Court sets a precedent for other courts across the country to consider the urgency of matrimonial cases and uphold the right to speedy justice. This landmark decision reaffirms the principle that courts should make all efforts to promptly resolve matrimonial disputes to enable the parties involved to move forward with their lives.
Date of Decision:26th July, 2023
SRI. N RAJEEV vs SMT. C. DEEPA,
