Long wait for alimony

The family courts had come into being for the speedy disposal of problems faced by women who were traumatised by marriages that had turned bitter. However, contrary to expectations, it has now become an ingrained aspect that family courts usually get into serious disposal mode only after the case is five- years old. Equally worse is the fact that even pleas for interim maintenance is put in cold storage, and the women, besides having faced a bad marriage, are forced to go through bouts of ordeal to obtain maintenance. 

In fact, the Madras High Court in a recent order had come down heavily on the family courts for the unreasonable delay in disposing maintenance petitions as it affects women and children a lot. 

Justice P Devadoss while disposing a review petition pertaining to maintenance said, “Women and children are made to wait for several years and till the orders are passed, they suffer in silence. Ultimately, they give up the legal battle, leave the court with wounded feelings and ex-parte orders are freely passed. The erring husbands happily leave the court. There is a victor and vanquished. These are stark realities staring at our face.” 

This is not the first time that the Madras High Court had come down harshly on the family courts. Justice S Vimala while passing orders on a plea wherein the husband had defaulted on payment of alimony for nearly three years, said “Courts should not do three things while handling such cases. One: They should not remain a mute spectator, merely recording the fact that maintenance amount had not been given. Two: They should not ask the wife to file a new execution petition, as it would give the husband some more opportunity to drag proceedings. Three: They should not grant innumerable adjournments, so  that the wife is unable to realise the maintenance amount.” 

Incidentally, at the four family courts functioning in Chennai, as many as 1957 fresh divorce cases had been filed from January to June 7 this year. Along with this as many as 537 miscellaneous pleas have been moved. Along with this as many as 113 OS and 1220 IA cases have been filed. But the sad part is that many maintenance  cases are pending from the year 2006 onwards. 

Advocate R Y George, who served as an amicus to help MHC sort out the huge pendency at the family courts in Chennai, said “With as many as 100 cases being listed daily, the burden on the judges is immense. Moreover, going by the volume of the cases, it has been suggested that Chennai alone needs as many as 15 courts if speedy  justice has to become a reality. Unfortunately, the time frame prescribed for settling divorce and maintenance cases are seldom followed that the courts have become mute spectators to those seeking remedy from the horrors of marital discord.” 

For that matter, Justice Devadoss on observing that it is very easy to get into these courts, but very difficult to come out within a short span of time, said “If statistics of the pendency of these maintenance petitions are called for from these courts and studied we have to hang our heads. We will be ashamed to see the face of the affected women and children.” 

It may be noted that as per the Divorce Act, 1869 the limitation period of alimony and application pertaining to maintenance and education of the minor children pending the suit shall, as far as possible be disposed of within 60 days from the date of service of notice on the respondent. For that matter, the moment a divorce case is filed, the court on ascertaining the bonafide of the woman must offer an interim relief.  But this is seldom followed.

However, another reason attributed to the delay is that these family court judges try these maintenance petitions like a murder case in a sessions court or a most complicated suit before a civil court. Many also point out that unreasonable delay in the disposal of these simple maintenance petitions is owing to the inefficiency of the judges. 

Moreover, adjournments on every excuse possible is attributed to the delay coupled with the aspect that husbands are ready to spend any amount on matrimonial litigation but will try his best to avoid paying a paltry sum towards maintenance to his  wife and children. 

Advocate R Sudha on conceding that with most of the divorce cases turn out to be a vengeful one bordering on an eye for an eye aspect, said “In most cases it’s a case of the couple trying to outwit each other in delaying the case as much that he or she doesn’t have a further life to live. Moreover, marital discord increasing along with the population, the judges are overburdened. Moreover, with the judges also subjected to frequent transfers, it’s a case of fresh hearing each time resulting in the whole process becoming vexatious. It is high time the State bothered to fast track at least maintenance pleas.” An apex court order coming down heavily on a family court which took nine years to pass an order sums up the sorry state of affairs. It said, “The delay in adjudication by the Family Court is not only against human rights but also against the basic embodiment of dignity of an  individual.” However, with the Madras High Court issuing guidelines in dealing with maintenance cases and more family courts on the anvil, it is hoped that the present pathetic situation changes for the good.