LAWS(KAR)-2023-7-1834

N. RAJEEV Vs. C. DEEPA

Decided On July 26, 2023
N. Rajeev Appellant
V/S
C. Deepa Respondents

JUDGEMENT

(1.) The short grievance of the petitioner is as to the long pendency of his matrimonial case in M.C.No.2514/2016 wherein he has sought for a decree for the dissolution/nullity of marriage, qua the respondent, on fault grounds. Learned counsel for the petitioner submits that the right to speedy justice being recognized by the Apex Court as a constitutional guarantee under Article 21, a direction is to be issued for the expeditious disposal of the said case.

(2.) Notice to respondent spouse is dispensed with since no order adverse to her interest is being made and further she will have full opportunity of participation in the trial of the subject case at the hands of the court below. Added, she too will have the advantage of early disposal.

(3.) Having heard the learned counsel for the petitioner and having perused the Petition Papers, this Court is broadly in agreement with the proposition that the matrimonial causes should be tried and disposed off on a war footing, at least as a concession to the shortness of human life. It was Thomas Carlyle (1795-1881), a British historian of great repute who had said: 'Life is too short to be little'. When a matrimonial case involves the prayer for the dissolution/nullity of marriage, courts should make all efforts to try and 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. 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.