Challenge to divorce decree pending in HC for 14 years, woman moves SC

NEW DELHI: In a classic case of delayed justice, a woman tired of having to wait endlessly in Patna HC, which could not pronounce the judgment it reserved in 2017, on Friday fervently requested the Supreme Court to help her end the ordeal.

The woman said her husband had obtained a divorce decree in 2012 from a Patna family court accusing her of cruelty at home. She had challenged it before Patna HC and sought annulment of the decree. The judge reserved the judgment in 2017 but was transferred, thrusting her appeal in limbo.

A HC bench of Justices Ravi Ranjan and S Kumar on Dec 6, 2017, concluded hearing arguments from counsel representing her and her husband and reserved verdict. Nearly two years later, on Nov 17, 2019, Justice Ranjan was appointed as Chief Justice of Jharkhand HC. Justice Kumar retired on Oct 21, 2022. The transfer and retirement made the order of reserving verdict infructuous as arguments were required to be heard afresh by a new bench.

She moved the HC with an application seeking expeditious fresh hearing on her 2012 petition. A HC division bench of Justices P B Bajanthri and B P Singh took up the application for early hearing on April 11 last year, nearly eight years after the HC had reserved verdict on her plea.

It said, "Having regard to the aforementioned order, formal order from the Hon'ble Acting Chief Justice is required to list this matter before the concerned Roster Bench. In this regard the Registry is requested to take necessary orders from the Hon'ble Acting Chief Justice."

Neither the acting chief justice nor the new chief justice S K Sahoo, who joined in January this year, have taken any step to place her petition before a bench for hearing. The woman's counsel told a bench of CJI Surya Kant, Justices Joymalya Bagchi and Vipul M Pancholi that the SC is the lone hope for her.

The bench expressed disappointment at the lack of sensitivity among HCs on matrimonial disputes.

The CJI-led bench said matrimonial disputes should be decided early.

But the SC carved out an exception in this case and requested the Patna HC to list the case urgently for hearing and asked the new bench in HC to decide the matter in three weeks.

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