The Supreme Court recently has directed the Registry to seek comments and a status report from the Principal Judge of the Family Court in Bihar in response to a petition alleging persistent delays in the resolution of a maintenance case filed by a wife against her husband. The wife invoked Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance.

Justices Surya Kant and Dipankar Datta, comprising the panel, instructed the Registry to obtain comments and a status report from the Principal Judge of the Family Court in Patna Sadar, Bihar, within a two-week timeframe. Meanwhile, the Presiding Officer-cum-Principal Judge of the Family Court in Patna Sadar is directed to adjudicate on the mentioned Maintenance Case and provide a copy of the judgment to the Supreme Court. The petitioner is represented by AOR Konark Tyagi.

This case had previous interactions with the Supreme Court in 2021, where, in resolving a writ petition, the Court instructed the Family Court in Patna to expeditiously decide the petitioner's maintenance case under Section 125, ensuring a fair hearing for the husband. Despite proper service, the husband did not appear before the Family Court during earlier proceedings.

During arguments on October 21, 2022, the petitioner presented evidence in the absence of the respondent. The case, initially scheduled for further arguments on December 5, 2022, witnessed five subsequent adjournments. Following the petitioner's evidence presentation, she was directed to submit written arguments by May 29, 2023, but the proceedings were postponed to December 14, 2023.

Considering the petitioner's situation and the persistent delays, the bench observed that the petitioner had been compelled to approach the Court again through the current application, asserting the unresolved nature of the Maintenance Case in the Family Court, Patna, Bihar. Consequently, the bench has scheduled a further review of the matter on January 8, 2024.

Case: Saroj Aggarwal v. Family Court Patna Sadar Through Principal Judge & Ors.

Miscellaneous Application No.2465/2023 in W.P.(Crl.) No.431/2021

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