Letter purportedly written by Justice Krishna Iyer: Justices Ranjana Desai and NV Ramana recuse in matrimonial dispute, deprecates Party in person’s conduct

In a drama of the rarest kind, a Supreme Court Bench of Justice Ranjana Prakash Desai and Justice NV Ramana has recused from hearing a case pertaining to a matrimonial dispute, thanks to a letter sent to the residence of the judges, purportedly by former Supreme Court judge Justice VR Krishna Iyer..The appellant in the case, Sreeja V (appellant), who has been involved in a matrimonial dispute with her husband Rajesh and is seeking alimony, besides behaving “deplorably” in the court has now earned the condemnation of the court for “barging into the chambers of the Senior advocate V Giri and abusing him”. Giri is serving as amicus curiae in the matter..The matter pertains to two petitions – a divorce petition in a family court in Kerala and a petition for restitution of conjugal rights in a family court in Bombay. The family court in Kerala had granted divorce while the family Court in Bombay had allowed restitution of conjugal rights while refusing to grant alimony to the appellant. The Bombay High Court had upheld this order of the family court. The appellant, who chose not to challenge the decree of the family court in Kerala, moved the Supreme Court against the order of the Bombay High Court refusing grant of alimony..Senior Advocate V Giri was directed to serve as amicus curiae in the matter and assist the Supreme Court. When the matter was taken up on October 13, Giri informed the Court that unless the appellant challenges the divorce decree passed by the Kerala High Court, she would not be entitled to alimony..While the hearing was progressing, the appellant kept interrupting Giri and refused to obey Justice Ranjana Prakash Desai who repeatedly requested her to maintain decorum..Subsequently, when the matter was taken up on October 15, Giri informed the Court that the appellant had stormed into his chamber on October 13 and had abused him in his absence for the opinion given by him to the court. This fact was confirmed by another advocate who was present in Giri’s chamber, Advocate MP Vinod. Deprecating the conduct of the appellant, the Court proceeded to direct her to produce the couple’s child in the court, so that the father of the child could see him..The Court then posted the matter for October 16 while observing that “non-compliance of this order will be viewed seriously”..However, more drama was in store as the appellant not only failed to produce the child on October 16 but tried to “overreach the court by trying to circulate letters to the judges”. Coming down upon the appellant for her conduct, the Court in its order recorded the following:.“We are told by the respondent-husband that the petitioner has not allowed him to meet his child since 2005. We, therefore, directed the petitioner to bring the child, Master Aditya, to this Court but the petitioner has not brought him to this Court. The petitioner has disobeyed our orders. Not only has the petitioner disobeyed our orders, she has tried to overreach the court by circulating letters to our residence. The letters are purportedly addressed to Shri R.M. Lodha, Former Chief Justice of India by Mr. Justice V.R. Krishna Iyer, Former Judge, Supreme Court of India. On these letters, it is written by hand “CC : To Honourable Mrs. Justice Ranjana Desai” and “CC : To Hon’ble Mr. Justice N.V. Ramana”. On the envelop, the address is written in hand and it is shown that it is sent by Justice V.R. Krishna Iyer.We deprecate this conduct.”.The Bench, therefore, recused from the matter and posted it before the Chief Justice. It also discharged Giri from his role as amicus curiae..The letter by Justice Krishna Iyer apparently urges the Court to dispose of the case expeditiously. Justice Krishna Iyer was unavailable for comment at the time of going to press. .Read the October 16 order of the Supreme Court below..Image courtesy:.Justice VR Krishna Iyer.Justice Ranjana Prakash Desai