Courts delay alimony cases, aid men: High court

CHENNAI: Law, courts, judges and the entire judicial system are responsible for the delay in deciding maintenance for women and children in matrimonial dispute cases, and men are aided and abetted by courts in their endeavour to drag on the proceedings, the Madras high court has said.
Justice P Devadas, slamming subordinate courts for their indifference in such matters, said, "Women and children are in a disadvantageous position, whereas it is not so in the case of husbands.Capitalising on their financial constraints, husbands torture them by dragging on even simple maintenance petitions for years together. Adding fuel to their worries, courts also contribute to it by their long delay in disposing of these simple maintenance petitions."
Stating that women and children suffer a lot during the pendency of matrimonial proceedings without proper financial support and that their survival itself becomes very difficult, Justice Devadas said, "Actually by their inaction, courts abet the perpetration of matrimonial violence and exploitation of women and children by husbands."
He then directed district judges and chief judicial magistrates to review disposal of maintenance petitions every month and issue necessary directions for the early disposal of all types of maintenance petitions. They must send a review report to registrar (judicial) of Madras high court on or before the 15th day of every month, the judge said.
Justice Devadas was passing orders on the delayed orders passed by the sub-judge of Gudiyatham, who dismissed a petition filed by a woman seeking maintenance from her husband for her and her three children. Pointing out that the case was pending from March 19, 2014, the judge said the Gudiyatham court disposed of it only in September 2016.
Observing that all stakeholders in the administration of justice were responsible for this sorry state of affairs, the judge said, "This is a classic example of law's delay, courts' delay, judge's delay and system failure."
Since, according to the Hindu Marriages Act, a petition filed by a husband must be disposed of within 60 days from the date of notice to his wife, he directed the registrar (judicial) of high court to take stock of related civil appeals and criminal revisions, and take necessary action for their speedy clearance.