Apex Court Directs Registry To Seek Comments From Family Court Judge On Plea Alleging Persistent Adjournments In Maintenance Case
The Supreme Court recently directed the Registry to seek comments and status report from the Principal Judge, Family Court, Bihar in a plea alleging repeated adjournments by the Court in deciding a maintenance case by a wife against her husband.
The original petitioner in the matter was the wife of the respondent-husband who sought maintenance from him under Section 125 of the Code of Criminal Procedure, 1973.
A bench of Justice Surya Kant and Justice Dipankar Datta observed, “The Registry is directed to seek comments and a Status Report from the Principal Judge, Family Court, Patna Sadar, Bihar. The needful shall be done within two weeks”.
“Meanwhile, the Presiding Officer-cum-Principal Judge, Family Court, Patna Sadar, Bihar is directed to decide the abovementioned Maintenance Case and forward a copy of the judgment to this Court”, the bench further directed.
AOR Konark Tyagi appeared for the petitioner.
In the present matter, earlier in 2021, the Supreme Court while disposing of the writ petition, directed the Family Court, Patna, Bihar to hear the petitioner’s maintenance case under Section 125 of the Code of Criminal Procedure, 1973, “after giving an opportunity of hearing to the husband”, and dispose of the same expeditiously and in accordance with law.
During the arguments, the bench from the averments made in the application that the husband was duly served but did not enter appearance before the Family Court.
The petitioner led her ex-parte evidence and, pursuant to which the arguments were heard on October 21, 2022. The case was then again posted for arguments on December 5, 2022 and, thereafter, was repeatedly adjourned on five occasions.
The petitioner was then asked to submit written submissions on May 29, 2023 but again the matter was adjourned to December 14, 2023 for filing of written submissions.
Therefore, considering the facts and the averments made by the petitioner, the bench observed, “The petitioner has been forced to approach this Court again by way of present application as, according to her, the above-mentioned Maintenance Case has not been decided by the Family Court, Patna, Bihar and is being adjourned time and again”.
Accordingly, the bench listed the matter for further consideration on January 8, 2024.
Cause Title: Saroj Aggarwal v. Family Court Patna Sadar Through Principal Judge & Ors.
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