Allahabad HC issues slew of directions to dispose of maintenance cases

: The Allahabad High Court, has now issued a detailed set of guidelines for Family Courts to follow in cases related to applications filed for maintenance by women getting out of marriages, and guidelines for the district judges to formulate a structural system to review whether the guidelines are being followed by the family courts.

A Bench of Justice Vinod Diwakar of the Allahabad High Court was hearing a matter related to a maintenance application of a woman, which was kept pending in the family court concerned for four years and nine months. ‘The petitioner-wife was forced to move successive petitions before the court for award of maintenance time to time. In the foregoing, this Court deems it appropriate to devise certain mechanisms for the sub-ordinate courts in the background of Rajnesh Case (supra), enabling the courts to grant of maintenance, payment of interim maintenance, criteria of determining the quantum of maintenance and speedy enforcement of the order of maintenance passed by Family Courts,’ the court said.

In the order dated August 4, the Allahabad HC said that despite repeated guidelines from the Supreme Court about the way maintenance applications should be decided and the time in which they must be decided, these were not translating on the ground.

‘The role of a judge is truly a divine function, a sacred duty bestowed upon individuals to administer justice, safeguard the rights of the people, and uphold the rule of law. The judges are not just mere arbiters; they are custodians of harmony and protectors of the best interests of litigants. The judge’s duty encompasses being the guardian of morality and impartiality,’ the court said, before proceeding to issue the guidelines for family courts and district judges.

The court first issued the guidelines for family courts to follow in maintenance proceedings, which included details to be mentioned while preparing memo of parties, in affidavits to be required, and other undertakings and details required for the proceedings.

The court went on to specify details to be mentioned by family courts in the initial order, which include directions to decide interim maintenance application within six months. The court said that respondent in these cases should be given a maximum of 2 occasions to respond and that response must be submitted in 4 weeks.