HC directs lower courts to file report on maintenance cases

Concerned over the delay in diposal of maintenance cases, the Madras High Court has directed all lower courts in Tamil Nadu to submit a report on or before the 15th of every month on the number of such petitions filed.
The court also directed the Registrar (Judicial) of the high court to regularly monitor all these reports and issue appropriate directions for their speedy disposal.
Justice P Devadass gave the direction while setting aside a lower court order dismissing a petition filed by a woman seeking maintenance from her husband for her family.
The matter was remitted back to the trial court.

The judge in his order last week said, "Unlike other litigations, delay in disposal of maintenance petitions affects the women and children very much."
Referring to the delay caused by the lower court in Gudiyattam, Vellore district, he 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 half years for the sub-Judge to dispose of this simple maintenance petition and dismissed the same on a misunderstanding of the law."

Stating that judges of family courts try these simple maintenance petitions like a murder case in sessions courts, the judge further said, "Keeping this in mind, the law makers have fixed a prescribed period within which these maintenance petitions have to be disposed of."
The judge noted that generally as per various sections of Hindu Marriage Act, it is within 60 days from the date of service of notice on the wife on a petition filed by the husband, can the maintenance petition be disposed of.
He then directed the judges of family courts, chief metropolitan magistrates, judicial magistrates, subordinate judges, fast track Mahila, sessions, district courts through their respective principal district judges and chief judicial magistrates to submit monthly statements, showing the details related to maintenance petitions filed in their courts.

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