The Allahabad High Court has expressed serious concern over the prolonged legal battles regarding maintenance cases. It stated that the delay and sluggishness of family courts amount to a disregard for Supreme Court directives. The court questioned how the justice system can survive if judges, who have taken an oath under the Constitution, do not follow Supreme Court orders. Such negligence affects the dignity and well-being of women.
Justice Vinod Diwakar, while dismissing a review petition from a husband in Auraiya, urged the Chief Justice to take note of the delays in family courts. The court remarked that it is beyond understanding why trained judicial officers are not complying with orders from a constitutional court like the Supreme Court. Judicial directions are not suggestions—they are binding.
Heavy Case Burden
Earlier, the court had sought data on pending cases in all family courts across Uttar Pradesh. It found that in districts like Prayagraj, Agra, and Maharajganj, individual judges were burdened with 1,500 to 2,000 cases each. As of May 23, 2024, only 48 out of 74 courts had submitted compliance reports, many of which were mere formal affidavits. The court said that repeatedly postponing hearings amounts not just to procedural mismanagement but to a denial of justice.
Courts Ignoring Supreme Court Orders
The court referred to the Supreme Court’s ruling in Rajnesh v. Neha, which mandates that affidavits regarding income, property, and liabilities of both husband and wife be submitted before deciding maintenance. However, the High Court noted that lower courts are neither following this process nor fulfilling their responsibilities.
Court Observations:
1. It is beyond comprehension why trained judges ignore Supreme Court orders.
2. Judicial orders are not suggestions—they are compulsory.
3. This is not just a legal failure but a moral one too.