The Allahabad High Court recently emphasized the need for the judicial system to prioritize the swift resolution of maintenance cases involving destitute women who lack support from their parents, in-laws, or husbands.
Justice Vinod Diwakar highlighted the importance of ensuring that justice is not delayed for those seeking basic maintenance and dignity in society.
“One of the essential aspects of timely justice lies in retaining the essence of sensitivity towards the cause at hand and upholding the judiciary's societal responsibility. Therefore, learned family court judges must perform their judicial duties with heightened responsibility, sensitivity, and a steadfast commitment to delivering timely justice while upholding judicial discipline and propriety,” the Court added.
The Court directed the Director of the Judicial Training and Research Institute in Lucknow to educate judicial officers undergoing training on the importance of adhering to judicial discipline and propriety, particularly in following the Supreme Court’s guidelines on awarding maintenance. Additionally, the Court recommended the preparation and circulation of a checklist outlining key points in maintenance cases, including a clear set of do's and don'ts, for family court judges to reference periodically.
The case involved a woman’s plea for maintenance from her husband. In 2019, a family court had awarded ₹5,000 as maintenance to the wife and ₹3,000 to their minor child. However, the ex-parte order was set aside in 2023, prompting the filing of a revision petition before the High Court.
During the proceedings, the Court identified several anomalies and requested a report from the family courts in Saharanpur on their adherence to the guidelines set by both the Supreme Court and the High Court in maintenance cases.
"I deem it appropriate not to discuss the contents of the report in detail as the learned Judge -in- charge Family Court has flagged certain issues that are concerned with the administration of the affairs of learned Judges of the Family Court and assured this Court that the Family Courts have started complying with the directions issued in the above-referred judgment,” the Court said in the order passed on December 9.
On the merits of the case, the Court had previously remanded the matter on May 1 to the Principal Judge of the family court for a fresh decision, expressing hope that a decision had already been made. The High Court further stated that if the case remained pending, it must be resolved within three weeks of the concerned parties receiving a copy of its December 9 order.
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