After a high court ruling favouring a woman who had challenged a family court order, it is no longer easy for wives to get separated from their husbands to claim maintenance money quickly.
Even for women who have already filed cases for maintenance in family courts, it is going to be a long wait. Sources said maintenance cases filed 10 years ago in the family court had to follow a procedure whereby the courts would have to examine the husband and wife in the witness box before delivering the verdict.
However, an amendment was made in 2001 for the Civil Procedure Code. Accordingly, an evidence affidavit could be filed which would carry the statements of the husband and wife. This way, the court’s time could be saved. After the family court takes the affidavit, arguments would follow and the verdict would be given.
The amendment suffered a blow after the high court ruled in favour of a woman who had challenged a family court order. In the Sunanda versus Bharat case, Sunanda contended that the judgment on maintenance was passed by the family court without examining her statement as a witness. In the process, she got less maintenance money, Sunanda said.
The high court ruled in January that both the parties should be called in the witness box and only after recording their statements, the verdict should be given. The maintenance to Sunanda should be given based on the salary of her husband, it added.
Following the high court order, the family courts changed the process of granting verdicts on maintenance cases. This affected many women who were looking for speedy disposal of their cases.
Speaking on the ruling, a high court advocate AV Amarnathan said, “Though the judgement had come in January, the orders were circulated to the state’s family courts only three months ago.”
Following the high court ruling, family courts are examining the parties in the witness box. Further, these courts have cancelled evidence affidavits. They have also recalled all pending cases in which evidence affidavits were filed. Among these are some cases which had reached the stage of verdict. The courts are re-examining the witnesses.
