Delay in matrimonial disputes by courts ‘distressing phenomenon’: SC

Criticizing the apathetic attitude of the Family courts, the Supreme Court of India held that matrimonial and domestic disputes, including an application for grant of maintenance, have to be disposed of at the earliest by the Family courts by taking a pro-active approach.

Terming the delay as a ‘distressing phenomenon’, the Court said “An application for grant of maintenance has to be disposed of at the earliest. The family courts, which have been established to deal with the matrimonial disputes, which include application under Section 125 CrPC, have become absolutely apathetic to the same.”

“There has to be a proactive approach in this regard and the said approach should be instilled in the Family Court Judges by the Judicial Academies functioning under the High Courts”, the Court said.

“It is the duty of the Court to have the complete control over the proceeding and not permit the lis to swim the unpredictable grand river of time without knowing when shall it land on the shores or take shelter in a corner tree that stands “still” on some unknown bank of the river. It cannot allow it to sing the song of the brook. “Men may come and men may go, but I go on for ever.” This would be the greatest tragedy that can happen to the adjudicating system which is required to deal with most sensitive matters between the man and wife or other family members relating to matrimonial and domestic affairs”, it added.

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