BENGALURU: Observing that delay in considering the applications for maintenance would defeat the very purpose which is to give succour to the wife who leaves or is made to leave the matrimonial house, the Karnataka High Court has set a six-month timeline for all family courts in the state to consider the application filed by the wife and to pass appropriate orders on interim maintenance from the husband.
Justice M Nagaprasanna passed the order while enhancing maintenance from Rs 15,000 to Rs 50,000, and litigation expenses from Rs 50,000 to Rs 1 lakh, on the petition filed by a 40-year-old woman. The court concerned shall endeavour to conclude proceedings in the matrimonial dispute within nine months, the judge said.
“The courts concerned shall adhere to the timeline, as the wife should not be made to wait for years together, to get a certain amount of maintenance from the husband. In many a case, the wife would be driven to penury, the moment she walks out of the matrimonial house for manifold reasons. To avoid this, the timeline should be strictly followed,” the court said.
Mentioning that the petitioner’s case was decided by the family court 30 months after filing of the application, the court said it is flooded with cases where maintenance is ordered, which according to the wife is inadequate, and she seeks enhancement of maintenance. The petitions are filed by the husband, contending that maintenance be paid from the date of application which suddenly amounts to a lot of money, and would seek reduction or defers payment to the wife and so on.
high court directives for considering applications
Notice on wife’s application be issued immediately
Service through e-mail/WhatsApp valid
Court to grant 2 months to husband to file objections
Wife to get 2 months to file statement of assets and liabilities
After hearing parties, court to pass orders within 4 months
Outer limit for deciding application is 6 months from date of filing
To achieve this, court should restrain from granting unnecessary adjournments