Albert Anthony vs Union Of India Ministry Of Law

Introduction

The case of Albert Anthony vs Union Of India Ministry Of Law And Justice was brought before the Supreme Court of India on July 13, 2015. The bench, consisting of Honourable Justices Vikramajit Sen and Shiva Kirti Singh, deliberated on the writ petition filed by Albert Anthony. The primary focus was on the expeditious resolution of a Special Marriage Petition pending in the Family Court, Ghaziabad.

Background

Albert Anthony filed a writ petition (Civil No. 127/2015) against the Union of India, represented by the Ministry of Law and Justice. The petitioner sought prompt judicial intervention to expedite the proceedings of Special Marriage Petition No. 6 of 2013, titled “Akanksha Irwin vs. Albert Anthony,” which was filed under Section 10A of the Divorce Act. The petition had been lingering in the Family Court, Ghaziabad, causing undue delays and complications for the involved parties.

Key Arguments

During the hearing, the petitioner, represented by advocates Mr. Rajeev Sharma, Mr. M. Kumar, Ms. Radhalakshmi R., and Ms. Priyanka Raj, argued for a swift resolution of the pending case. They emphasized the prolonged duration of the proceedings and the consequent hardships faced by the parties. On the other hand, the respondents, represented by Additional Solicitor General Mr. Tushar Mehta and advocates Ms. Vimla Sinha, Mr. Gunwant Dara, and Mr. B.V. Balram Das, were instructed to file a reply and consider the implications of Section 10A(1) of the Divorce Act.

Court’s Observations

The Supreme Court recognized the undue delay in the adjudication of the Special Marriage Petition and the resultant distress it caused to the parties involved. The bench underscored the necessity of expeditious judicial proceedings in matrimonial matters to mitigate further emotional and psychological strain on the parties.

Court’s Decision

In light of the arguments presented and the need for prompt justice, the Supreme Court directed the Principal Judge of the Family Court in Ghaziabad to resolve the Special Marriage Petition No. 6 of 2013 within one month from the date of the order. Additionally, the court mandated the Ministry of Law and Justice to file its reply and make a decision regarding sub-section (1) of Section 10A of the Divorce Act.

Conclusion

The ruling in Albert Anthony vs Union Of India Ministry Of Law And Justice highlights the Supreme Court’s commitment to ensuring swift justice in matrimonial disputes. By setting a one-month deadline for the resolution of the pending case, the court aimed to alleviate the prolonged suffering of the involved parties and reinforce the importance of timely judicial intervention.

References:  https://indiankanoon.org//doc/56616191/

Leave a Reply

Your email address will not be published. Required fields are marked *