Maintenance Cases Require Expeditious Disposal As 'Sufferer' Is A Lady In Most Cases; Courts Must Be Sensitive: Allahabad HC

A bench of Justice Nalin Kumar Srivastava made these remarks while directing a Family Court in Gautam Budh Nagar to expeditiously decide a maintenance application filed by a woman (named Anjali Singh), which has been pending since 2023.

It was her submission before the single judge that due to the non-cooperation of her husband (opposite party no. 2), the matter has been pending for long.

It was further submitted that she is a poor lady who is not getting any maintenance from her husband. Thus, she prayed for a direction to the court concerned for expeditious disposal of the case.

Taking note of her grievance, the Court observed:

"These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under section 125 Cr.P.C. The Court should be more sensitive and vigilant in the cases where the aggrieved person is a wife and is fighting for her maintenance from her husband".

Furthermore, keeping in view the hardship suffered by the aggrieved wife, the Court directed the concerned Family Court to decide the case within six months from the date of receiving the certified copy of the order.

The single judge also asked the lower court to avoid granting unnecessary adjournments, subject to the applicant's cooperation.

Before parting with the order, the Court emphasised the collective responsibility of all the stakeholders to ensure that the matters are disposed of expeditiously. It said:

"…the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case".

With these observations, the application was disposed of.