The Supreme Court observed that it is increasingly burdened with matrimonial and bail cases, cautioning that handling such matters could flood the apex court with divorce petitions from across India. The remark came while hearing an Army officer’s plea seeking intervention in a delayed matrimonial case.
New Delhi: The Supreme Court on Friday expressed concern over the increasing number of matrimonial and bail cases being brought before it, suggesting that its role is slowly shifting away from handling constitutional and other significant legal matters.
A Bench comprising Justices Vikram Nath and Sandeep Mehta made this observation while hearing a petition filed by an Army officer seeking the Court’s intervention in matrimonial proceedings that had faced repeated adjournments at the Rajasthan High Court.
The Bench pointed out that although there are numerous important constitutional cases pending for hearing, the Court is now
“increasingly weighed down by matrimonial disputes nationwide,” and remarked that “soon it may turn into a wholly matrimonial court.”
The judges emphasized the potential consequences of entertaining such matters, stating,
“If we start entertaining these matters for being adjourned, this Court would be flooded with divorce petitions from all over the country…all divorce matters will come before this Court. As it is, we are more of a matrimonial and bail court now. Soon, it will become totally matrimonial.”
Counsel appearing for the petitioner argued that the case had not been taken up for hearing before the High Court despite repeated listings.
He urged the Supreme Court to intervene, suggesting that the Court could issue notice limited to the issue of mediation to help facilitate a settlement between the parties.
However, Justice Nath cautioned against entertaining such pleas merely on the grounds of adjournments in lower courts.
He highlighted that doing so could potentially open the floodgates for matrimonial cases from all across India.
Following these observations, the petitioner’s counsel requested permission to withdraw the plea, with the liberty to approach the Rajasthan High Court for an early hearing. The Supreme Court granted this request, allowing the matter to be pursued at the High Court level.
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This development underscores the growing burden on the apex court due to matrimonial and bail matters and raises concerns about the diversion of attention from more critical constitutional and legal issues.
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