Facts of the Case

Mr. Pradip Bhandari and Mrs. Anu Bhandari solemnized their marriage on 18/05/97 in accordance to hindu rituals. After seven years marital discord between the two emerged and in March 2011 the couple stopped living together.

There were a total of 23 civil and criminal pending between the two and several attempts to settle their dispute proved futile. The matters finally reached the apex court in form of a special leave petition against the judgement of the Punjab and Haryana High Court filed by Mrs. Anu Bhandari against her husband Mr. Pradeep Bhandari. The Supreme Court settled all the matters except S.13(b) of the Hindu Marriage Act, 1955.

Issues 

The SC found it in interest of the litigants to not to delay the litigation by waiting for the period of interregnum as enumerated in Section 13(b) of the Hindu Marriage Act considering the background of litigation and the prolonged period of separation between the two parties, the Court was of the view that the parties had taken a conscious decision after serious contemplation.

In interest of expeditious delivery of justice, the Supreme Court also did not relegate the case to a district court as enumerated in the Hindu Marriage Act, wherein a plea for divorce by mutual consent is to be filed in front of a district court.

The Court also observed that it had not only issued a quietus for 23 cases but ensured swift dispute resolution in consonance with Section 9 of Family Courts Act, 1984. The Court said

Unlike many other legislations, the Legislature has cast a duty on the Court in that regard. The jurisdiction is not just to decide a dispute, on the contrary, the court also has to involve itself in the process of conciliation/mediation between the parties for assisting them not only to settle the disputes but also to secure speedy settlement of disputes. Such timely intervention of the court will not only resolve the disputes and settle the parties peacefully but also prevent sporadic litigations between the parties.

Significance of the Judgement

The judgement is significant since it highlights the need for disposing justice expeditiously in matters of familial distress and marital discord. It further stresses upon the specific demand of such cases which makes it important that that the court not only adjudicates but also plays an active role in dispute resolution. The Supreme Court set the right precedent for the lower courts to follow in cases pertaining to family law.