Delays in grant of interim maintenance of wife and minor child

CAPRG is taking up the matter of judicial delays

in grant of interim maintenance of wife and minor child U/s 125 of Cr.P.C.

with the High Court of Delhi, and National Commission for women.

For reasons of space, letter to the Chief justice of Delhi HC, with detailed note has not been placed in this post. However the same can be had from CAPRG if desired.

JR Lal

Chairman,

Committee for Social Justice


To,

Dr. Girija Vyas

Chairperson

National Commission for women,

4, Deen Dayal Upadhyay Marg,

New Delhi – 110002

Subject : Delays in grant of interim maintenance of wife and minor child U/s 125 of Cr.P.C.

Hon’ble Madam,

This is in continuation of our letter dated 17.05.2010 on the above subject (copy attached)

Through the Note attached to the said letter we have attempted to highlight the delays in courts, far beyond the mandated period ( sixty days) in deciding on the issue of interim maintenance on applications submitted U/s 125 of the Code of Criminal Procedure by women who have been separated from their husbands for any reason.

The matter of interim maintenance should normally be decided by relevant courts within two months. However they are dragged on for many months and even years. This results in unnecessary harassment to women who are in dire need of financial succor.

Most of the women with familial problems have little or no knowledge of law, lawyers, or courts and many have no source of income for sustenance for themselves and their children. Such delays defeat the very purpose of law which is intended to prevent vagrancy and destitution, as well as to provide speedy remedy for the supply of food, clothing and shelter to the deserted women.

If the Commission calls for the details even from Delhi Courts of all the cases where there has had been unduly delay in deciding the amount of interim maintenance and analyses the same, we are sure, a very disappointing picture may emerge. This problem must be prevalent all over the country, affecting adversely hundreds of women. The gravity, seriousness and the sweep of the problem needs the intervention of your commission.

Only an institution of your stature can take up issue at the appropriate level with the Judiciary and the Government, and bring solace to the hundreds of women trapped in courts, and their delays.

Unfortunately, magistrates who delay disposal of applications in clear violation of the laid down law also deprive women’s of their constitutional rights. Commission may also consider, if necessary, to collect relevant data  from the courts for a thorough scrutiny before taking up the issue with the judiciary.

Keeping in view the seriousness of the problem, we request you to permit our small delegation of 4-5 members to meet you, on a date and time at your convenience for discussing the problem in some detail and to find out some effective solution to mitigate the sufferings of those destitute women.

We are looking forward for a positive response.

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