PIL in HC for fast disposal of marital discord cases
TIMES NEWS NETWORK
New Delhi: More than 5,000 matrimonial cases have been pending in various courts in Delhi since 1995.Of these,369 are in Delhi high court,according to an RTI reply.Armed with this data,a society has filed a public interest litigation in HC seeking direction for speedy disposal of these cases filed under the Hindu Marriage Act (HMA).Recently,a bench of Chief Justice Dipak Misra and Justice Manmohan issued notices to Central and Delhi governments on the PIL filed by Shrestha Sankalp Society.
The petition pinned the blame on governments failure to provide exclusive courts to deal with cases related to marital discord and divorce.It also blamed the courts for failing to implement provisions of the Act which provide for speedy disposal. The courts are adjourning matters without assigning any special reasons as prescribed under the provisions of section 21 B of the HMA, the PIL argued.
According to the Act,the trial of a petition filed under it should be held on a day-today basis until its conclusion,unless the court finds adjournment of the trial beyond the following day to be necessary for reasons to be recorded,the PIL stated.
Pointing out that in cases of divorce with mutual consent,the courts give six months to both the husband and wife to reflect on their move and seek advice,the PIL complained: But even after this period is over,long dates are given by courts to come to the final conclusion.
The PIL argued that a person filing a case under the Act has to wait for a minimum of five years for its disposal before the district courts and a minimum of five years before appellate courts.It argued that the delays in these cases have been taking place as the courts are flooded with other types of cases as well.
TIMES NEWS NETWORK
New Delhi: More than 5,000 matrimonial cases have been pending in various courts in Delhi since 1995.Of these,369 are in Delhi high court,according to an RTI reply.Armed with this data,a society has filed a public interest litigation in HC seeking direction for speedy disposal of these cases filed under the Hindu Marriage Act (HMA).Recently,a bench of Chief Justice Dipak Misra and Justice Manmohan issued notices to Central and Delhi governments on the PIL filed by Shrestha Sankalp Society.
The petition pinned the blame on governments failure to provide exclusive courts to deal with cases related to marital discord and divorce.It also blamed the courts for failing to implement provisions of the Act which provide for speedy disposal. The courts are adjourning matters without assigning any special reasons as prescribed under the provisions of section 21 B of the HMA, the PIL argued.
According to the Act,the trial of a petition filed under it should be held on a day-today basis until its conclusion,unless the court finds adjournment of the trial beyond the following day to be necessary for reasons to be recorded,the PIL stated.
Pointing out that in cases of divorce with mutual consent,the courts give six months to both the husband and wife to reflect on their move and seek advice,the PIL complained: But even after this period is over,long dates are given by courts to come to the final conclusion.
The PIL argued that a person filing a case under the Act has to wait for a minimum of five years for its disposal before the district courts and a minimum of five years before appellate courts.It argued that the delays in these cases have been taking place as the courts are flooded with other types of cases as well.
