High Court steps in to speed up process of alimony pleas

Justice P Devadass, after setting aside the order of a sub-judge in Gudiyatham dismissing a maintenance plea moved by a woman with three children, said, “The litigation was pending from March 19, 2014, and the civil revision petition was filed in 2017 by the wife after the disposal of the case by Subordinate Judge, Gudiyatham, on September 21, 2016. Thus, it took more than two and a half years for the sub-judge to dispose of this simple maintenance petition and that too dismissed the same on a misunderstanding of law.” 

Noting that unlike in other litigations, the delay in disposal of maintenance petitions affects women and children very much, the Judge said, “All stake holders in the administration of gender justice shall owe responsibility for this sorry state of affairs. This is a classic example of Law’s delay, Courts’ delay’, Judge’s delay’ and System failure”.

Also, on observing that Judges of family courts and other courts try these simple maintenance petitions like a murder case in a sessions court, he said in such cases women and children are in a disadvantageous position whereas it is not so in the case of the husbands. Adding up to their worries, the courts also contribute their part by their long delay in disposing of these simple maintenance petitions, he said.  

Pointing out that as per various sections of Hindu Marriage Act such maintenance pleas should be disposed of within 60 days, the judge then directed the various courts like family courts, Chief Metropolitan Magistrate, Judicial Magistrate and Fast Track Mahila courts, to submit monthly statement through their respective Principal district judges and chief Judicial magistrates showing details of the maintenance petitions filed in their courts. 

The judge also directed the Principal District Judges and Chief Judicial Magistrates to review the disposal of these maintenance petitions every month and issue necessary directions for the early disposal of all types of maintenance petitions and submit their review report with remarks to the Registrar (Judicial), High Court, on or before the 15th of every month. 

It may be noted that the Supreme Court recently set a benchmark of 25 per cent of the husband’s net salary to be paid to his estranged wife as alimony.