Sunil Chandra Singh v. Seema Singh - (High Court of Patna) (05 May 2016)

Court rejects spouse’s conditional cooperation in matrimonial dispute

MANU/BH/0282/2016

Family

Parties to a matrimonial case cannot stall the legal system by refusing to participate in the proceeding on the precondition that another proceeding be disposed of first.

Terming it “against the rules of equity justice and FairPlay”, the Patna High Court dismissed submissions of the wife in a matrimonial dispute that she would depose in the instant case only after disposal of a parallel maintenance case. Application in the instant case had been filed by the husband against orders of lower courts enhancing maintenance in favour of the Respondent and their daughter.

Rather than rule on the merits of dispute, the court ordered subordinate courts to dispose of the cases speedily. It directed the lower court “to maintain this time frame even by proceeding in accordance with law and prescribed procedures…if in its judicial opinion there is deliberate and intentional non-cooperation by any of the parties”.

Relevant : Shail Kumari Devi and Anr. vs. Krishan Bhagwan Pathak @ Kishun B. Pathak MANU/SC/3353/2008

Tags : MATRIMONIAL DISPUTE PARALLEL PROCEEDINGS DELAY