Kamal Ghorui
NEW DELHI: Having lived together for only 65 days after marriage, a couple, who fought a legal battle for over 13 years and filed 40 cases against each other in different courts, ended up in Supreme Court, which on Tuesday slapped a fine of Rs 10,000 on each of them for treating judicial forums as a battleground and choking the system.Though a bench of Justices Rajesh Bindal and Manmohan granted the couple divorce by invoking its jurisdiction under Article 142, it barred them from misusing the judicial process and filing any case against each other.“In view of the fact that the parties stayed together only for a period of 65 days and have indulged in numerous litigation for the last more than a decade, apparently with a view to settle scores, in our opinion, both of them deserve to be penalised with costs, which is quantified at 10,000 each, as a token amount. Let the cost be deposited with the Supreme Court Advocates on Record Association,” the bench said.“They have indulged in filing more than 40 cases against each other. Warring couples cannot be allowed to settle their scores by treating courts as their battlefield and choke the system. If there is no compatibility, there are modes available for early resolution of disputes. Process of mediation is the mode which can be explored at the stage of pre-litigation and even after litigation starts. When the parties start litigating against each other, especially on criminal side, the chances of reunion are remote but should not be ruled out.” Noting that the number of matrimonial litigation has gone up several-fold in recent years, the court said family members should intervene to settle the dispute before it reaches the court. “Even this court is flooded with transfer petitions, mainly filed by wives, seeking transfer of the proceedings initiated by their husbands, may be at the first instance or as a counter blast. In such situations, it is the duty of all concerned including the family members of the parties to make their earnest effort to resolve the dispute before any civil or criminal proceedings are launched.” The bench added: “It is in the interest of society that marriages, as far as possible, should be maintained. If there is failure in the efforts for reconciliation and it is found that marriage has been wrecked beyond the scope of salvage, it is in the interest of all concerned to recognise that fact and dissolve the marriage, otherwise the litigation, sufferings by all the parties and the miseries may continue…” In this case, the marriage had taken place in Jan 2012, and the wife left the matrimonial home after 65 days, alleging cruelty inflicted on her by her husband and his family members. They have been living separately since then and filed multiple cases against each other in family court and high courts in Delhi and Uttar Pradesh.
