Interpretation of statute as per convenience of courts?
Querist :
Anonymous
(Querist) 29 May 2010
This query is : Resolved
As the fundamentals of law describe that courts are just to interpret the law and not to give their own definition but it is generally seen that the courts (even SC) interpret the law discretionary. Recently, the SC held that the cooling period of 6 months is mandatory in mutual divorce and can't be waived as it has been written in law and courts doesn't have any discretion.
Now coming to other points, the law has also written that the divorce case to be concluded in 6 months, Domestic Violence in 2 months, Criminal Trial as soon as possible, even then these trials take half of litigant's life.
Why doesn't the Courts interpret as these are written in law and pass suitable directions to the trial courts.
mahendrakumar
(Expert) 29 May 2010
i think because of the overcrowding of cases of these category,matters could not be settled in time as envisaged.
It is a major cause of concern as in many cases, victory of the case has no meaningful impact in his/her life due to the time spent on these prolonged trials.
Uma parameswaran
(Expert) 29 May 2010
Court has its own limitations.Up to an extent parties can take initiation for that.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup