3. Matrimonial Proceedings

3.1 Application for divorce or separation/application for execution

As-Is Process

  1. Applicant presents a petition/ application for execution at the registry.

  2. Court Clerk tables the petition/ application for execution to the magistrate in charge.

To-Be Process

  1. Applicant/petitioner submits petition/ application for execution to the magistrate in charge at the registry.

3.2 Admission of Application/ application for execution

As-Is Process

  1. Magistrate In charge scrutinizes the correctness of the petition/ application for execution.

  2. Magistrate In charge admits, returns or rejects the petition/ application for execution.

  3. Magistrate In charge returns the petition/ application for execution to court clerk for appropriate actions.

To-Be Process

  1. Magistrate In charge scrutinizes the correctness of the petition/ application for execution.

  2. Magistrate In charge Admits, returns or rejects the petition/ application for execution.

Note

  • Instant feedback is given to the applicant/petitioner in case of rejection or return.

3.3 Assessment and Payment of Fees

As-Is Process

  1. Court clerk assesses fees for the admitted petition/ application for execution as per court fee rules.

  2. Court clerk presents a control number for respective fee to the applicant/petitioner for payment.

  3. Petitioner/applicant submits payment receipt to court clerk.

  4. Court clerk issues ERV receipt to the petitioner/applicant.

To-Be Process

  1. Court clerk confirms court fees.

  2. Court clerk presents a control number for respective fee to the applicant/petitioner for payment.

3.4 Case Registration

As-Is Process

  1. Court clerk registers case in the register book.

  2. Court clerk opens respective physical petition file/application file.

  3. Court clerk tables the petition file/application file to the magistrate in charge for assignment.

To-Be Process

  1. Court clerk confirms payments and registers the case.

Note

  • Instant feedback is given to the applicant/petitioner after registration.

3.5 Case Assignment

As-Is Process

  1. Magistrate In charge assigns the petition file/ application for execution file to the particular magistrate and a pair of assessors.

  2. Magistrate In charge returns petition file/ application for execution file to court clerk to present to the assigned magistrate for orders.

  3. Assigned magistrate fixes a date for hearing.

To-Be Process

  1. Automatic assignment based on workload per magistrate with intervention of the magistrate in charge.

  2. Assigned magistrate fixes a date for hearing.

3.6 Issuing of Summons to Appear

As-Is Process

  1. Court clerk prepares a court summons.

  2. Assigned Magistrate endorses the summons.

  3. Court process server effects service of the summons.

  4. Court process server swears an affidavit before a Magistrate and submits it to the respective court.

  5. Court Clerk files the affidavit in the respective case file.

To-Be Process

  1. Court clerk extracts summons for electronic and physical dispatch.

  2. On the date of first hearing/mention, the applicant submits at the registry original hard copy of the application/petition.

3.7 Hearing Process

As-Is Process

  1. The trial Magistrate reads the claim for the respondent to answer.

  2. Trial Magistrate hears the petitioner’s/applicant’s case before with the aid of assessors.

  3. Trial Magistrate hears the respondent’s case with the aid of assessors.

  4. Magistrate fixes a date for judgement.

To-Be Process

  1. The Magistrate reads the claim for the respondent to answer (through virtual court where applicable).

  2. Trial Magistrate hears the petitioner’s/applicant’s case before with the aid of assessors (through virtual court where applicable).

  3. Trial Magistrate hears the respondent’s case with the aid of assessors (through virtual court where applicable).

  4. Magistrate fixes a date for judgement.

3.8 Issuing of Judgment/Ruling

As-Is Process

  1. Trial Magistrate pronounces Judgment/ruling.

Note

In case of ruling on execution

  1. Magistrate in charge issues an attachment order and appoints a court broker.

  2. Court broker fixes a date for sale or division as ordered

  3. Court broker executes the order.

  4. Court broker submits inventory to court.

To-Be Process

  1. Trial Magistrate Pronounces Judgment/ruling (through virtual court where applicable).

Note

in case of ruling on execution

  1. Magistrate in charge issues an attachment order and appoints a court broker.

  2. Court broker fixes a date for sale or division as ordered

  3. Court broker submits inventory to court.