Mangaluru: “Mahatma Gandhi once said that, during his 20-year long legal career, he had settled a lot of cases through negotiations. Similarly, all advocates should become messengers of peace,” said Supreme Court judge, Justice S Abdul Nazeer.
He was speaking at the inauguration of the KCCI ADR (alternate dispute resolution) Centre at the Kanara Chamber of Commerce & Industry’s (KCCI) premises in Bunder on Saturday, March 14, at 4 pm.
Inaugurating the KCCI ADR Centre, chief guest of the programme, Justice Nazeer said that there are a lot of cases where the petitioner is unable to reveal all details. “These kinds of cases can be settled when the petitioners are presented with the opportunity to freely express themselves,” he added.
He explained that such situations are seen in marital disputes. “There is a notion that people file for divorce for monetary reasons. However, this is not true. It is the lack of compatibility that usually drives couples to go to the court, seeking a divorce,” he said.
Mentioning that the divorce cases are on the rise, the SC judge commented on the Supreme Court’s triple talaq verdict. He claimed that marital disputes are fewer in the Muslim community. Elaborating on the same, Justice Nazeer said, “In the Muslim community, the first ‘talaq’ is pronounced in the presence of the elders of the community. The second ‘talaq’ is pronounced after one month from the first. The third ‘talaq’ is pronounced after yet another month. When there is a time gap, a lot of cases are settled in the intervening period. That is why there are fewer marital disputes in the Muslim community.”
“In regular divorce cases, a period of six months is set as the belief is that the couple can reconcile and sort things out in this time-frame,” he added.
Commenting on the duration of current court cases, Justice Nazeer said, “These days, going for civil suits is nothing less than a curse. Even Lord Rama’s exile got over in 14 years. If one goes to the court, the civil suit can drag on for three to four decades.”
On a lighter note, the Judge said that pronouncing verdicts in the Dakshina Kannada district is difficult because most of the cases land in the Supreme Court.
Talking about the legal scenario in the country, Justice Nazeer said that the Indian judiciary is faced with two challenges- there are those who can afford legal services and there are those that cannot. “Education and various other factors have contributed to a substantial increase in the number of people moving courts to seek justice. But at the same time, the lack of infrastructure and various other reasons have slowed down the legal procedures. On the other hand, there are a lot of people who are unaware of the existence of the judicial system, and they die without fighting for their rights. This scenario can be seen in the northern part of India. The challenge is to render justice to this section of the people,” he said.
Earlier, Justice Nazeer also launched the KCCI ADR Centre website and inaugurated the e-Library.
The event was concluded with the singing of the national anthem. There were refreshments and an interaction later.
KCCI president Isaac Vas welcomed the gathering. Chairman, ADR Sub-Committee, KCCI, Advocate Vivekananda Paniyala introduced the chief guest of the occasion. KCCI vice president Shashidhar Pai Maroor delivered the vote of thanks.
Principal District and Sessions Judge Kadloor Sathyanarayan Acharya was also present on the occasion.
