Matrimonial, Divorce cases require expeditious disposal: Karnataka High Court
Suppose you are looking for a speedy trial or expeditious disposal divorce case. In that case, you can go to take relief by filing a petition for expeditious disposal with valid and proper reasons. Divorce cases require expeditious disposal.
Case Summary: N. Rajeev v. C. Deepa Karnataka HC; July 26, 2023
Find this judgment by clicking on this link: Divorce cases expeditious disposal.
Court’s Direction – Dispose of this matter within 3 months
The petitioner, N. Rajeev, had filed for dissolution (or nullity) of his marriage. His case had been pending since around 2016—making it approximately a seven-year-long delay.
The case revolved around the constitutional right to speedy justice (Article 21 of the Indian Constitution), particularly in matrimonial matters.
The Court also directed the Registrar General to circulate this judgment in all the concerned circles so that other similarly circumstanced litigants may not unnecessarily knock at the doors of this court seeking a direction for the expeditious disposal of their cases.
About Divorce
Divorce is the legal termination of a valid marriage by an order of a competent court. After divorce, the marital relationship ends, and both spouses are free to remarry, subject to law.
Divorce under Indian Law
In India, divorce is governed by personal laws, depending on religion:
Hindu Marriage Act, 1955 – Hindus, Sikhs, Jains, Buddhists
Muslim Personal Law – Muslims
Indian Divorce Act, 1869 – Christians
Parsi Marriage and Divorce Act, 1936 – Parsis
Special Marriage Act, 1954 – Inter-faith / civil marriages
Types of Divorce
- Mutual Consent Divorce
Both husband and wife agree to separate.
Requires mutual consent and settlement on:
Alimony
Child custody
Property issues
Faster and less stressful.
- Contested Divorce
One spouse seeks divorce without the consent of the other.
Grounds include:
Cruelty, Adultery, Desertion, Conversion, Mental disorder, and as defined under the law.
Irretrievable breakdown (judicially recognized)
Essential Elements of Divorce
✔ Valid marriage
✔ Legal grounds under the applicable law
Divorce cases require expeditious disposal
Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.
