The Allahabad High Court stressed that the judicial system must prioritize the expeditious disposal of maintenance cases concerning destitute women who are left without support from their parents, in-laws, or husbands. Justice Vinod Diwakar added that it was necessary to ensure that justice is not delayed for those struggling for basic maintenance and dignity in society.
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UTTAR PRADESH: The Allahabad High Court emphasized that the judicial system must focus on resolving maintenance cases for destitute women quickly. These are women who have no financial or emotional support from their parents, in-laws, or husbands.
Justice Vinod Diwakar stated the importance of ensuring that justice is not delayed for those struggling to meet basic needs and live with dignity in society.
Importance of Sensitivity in Judicial Proceedings
“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 observed.
The Court underscored the need for the judicial system to give top priority to maintenance cases for destitute women, emphasizing the need for swift resolution to ensure they receive timely support.
Training for Judicial Officers
To address the issue, the High Court directed the Director of the Judicial Training and Research Institute (JTRI) in Lucknow to train judicial officers on the importance of judicial discipline and propriety. This training should align with the guidelines set by the Supreme Court for awarding maintenance in such cases.
The Court also suggested creating a checklist of key points for maintenance cases. This checklist should outline the “do’s” clearly and be shared with family court judges regularly.
Such measures aim to streamline the judicial process and avoid unnecessary delays.
Case Details
The High Court was hearing a plea from a woman seeking maintenance from her husband. In 2019, a family court ordered her husband to pay Rs 5,000 per month to the wife and Rs 3,000 per month for the couple’s minor child. However, this ex-parte order was set aside in 2023, prompting the woman to file a revision petition in the High Court.
During the hearing, the High Court identified certain anomalies in the handling of maintenance cases.
To address these, it sought a detailed report from the family courts in Saharanpur regarding their compliance with Supreme Court and High Court guidelines on maintenance matters.
Court Observations
The Court refrained from discussing the report’s details in its order, stating:
“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 High Court had earlier, on May 1, sent the case back to the Principal Judge of the family court for a fresh decision. In its December 9 order, it expressed hope that the case had already been resolved.
If not, the Court directed that the case must be decided within three weeks of the concerned parties receiving a copy of the order.
Role of Amicus Curiae
Advocate Sudhir Mehrotra assisted the High Court as an amicus curiae, providing valuable inputs to the case.
The Allahabad High Court’s strong emphasis on sensitivity, training, and timely resolution of maintenance cases underscores the judiciary’s commitment to ensuring justice for destitute women.
By implementing these measures, the Court aims to uphold its societal responsibility and provide relief to those in need without unnecessary delays.
Click Here to Read Previous Reports on Maintenance Cases
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