Courts must speed up award of maintenance to women: Ravi Shankar Prasad
, ET Bureau|
Dec 24, 2017, 11.43 PM IST
NEW DELHI: The government wants courts to speed up processes regarding the award of maintenance to women to ensure that payments aren't held up.
At least two chief justices have assured Union law minister Ravi Shankar Prasad that they have already taken steps in this regard. The government will soon introduce a bill that makes instant triple talaq a criminal offence in Parliament.
Prasad had expressed "concern regarding the procedural hurdles/difficulties faced by women in accessing the money awarded to them as maintenance by courts," in a letter to all chief justices sent about a month back, prompted by a note from minister for women and child development Maneka Gandhi.
"All the stake -holders, the government of India, the judiciary, legal services authorities and the governments need to take collective responsibility for ensuring that institutional mechanisms such as the proposed committee comprising the district judge and the superintendent of police work seamlessly to ensure access to justice to women," according to Prasad's letter, a copy of which ET has seen.
The law ministry urged the chief justices to "kindly advise the district judiciary to monitor timely disbursal of maintenance, speedy execution of warrants awarded by the court in collaboration with the state police."
Two high courts have taken measures in this regard.
The Jharkhand High Court has constituted a committee at the district level comprising the principal district and sessions judge, judicial commissioner, Ranchi, principal judges of family courts and senior superintendent of police, superintendent of police.
This was communicated to the law ministry last week by the registrar general of the Jharkhand High Court.
"The committee shall work seamlessly in its district to ensure access to justice to women with the objectives," the official said.
It will also monitor the timely disbursal of maintenance, supervise the speedy execution of warrants in collaboration with the state police and simplify processes on the matter by subordinate courts.
Jammu and Kashmir High Court Chief Justice Badar Durez Ahmed also wrote to the law ministry in this regard.
"To take care of the concern shown in the letter, the high court has issued a circular to all the principal district and sessions judges of the state whereby they have been directed to monitor the timely disbursal of the money awarded to the women as maintenance by the courts," he wrote. "They have further been directed to monitor the speedy execution of warrants of attachment issued by the courts in this regard."
He added that the court will also analyse delays in such cases.
"The high court is also compiling data relating to pending cases pertaining to maintenance proceedings as also the data pertaining to average time taken in awarding/actual payment of maintenance in such proceedings," he said in the letter.
At least two chief justices have assured Union law minister Ravi Shankar Prasad that they have already taken steps in this regard. The government will soon introduce a bill that makes instant triple talaq a criminal offence in Parliament.
Prasad had expressed "concern regarding the procedural hurdles/difficulties faced by women in accessing the money awarded to them as maintenance by courts," in a letter to all chief justices sent about a month back, prompted by a note from minister for women and child development Maneka Gandhi.
"All the stake -holders, the government of India, the judiciary, legal services authorities and the governments need to take collective responsibility for ensuring that institutional mechanisms such as the proposed committee comprising the district judge and the superintendent of police work seamlessly to ensure access to justice to women," according to Prasad's letter, a copy of which ET has seen.
The law ministry urged the chief justices to "kindly advise the district judiciary to monitor timely disbursal of maintenance, speedy execution of warrants awarded by the court in collaboration with the state police."
Two high courts have taken measures in this regard.
The Jharkhand High Court has constituted a committee at the district level comprising the principal district and sessions judge, judicial commissioner, Ranchi, principal judges of family courts and senior superintendent of police, superintendent of police.
This was communicated to the law ministry last week by the registrar general of the Jharkhand High Court.
"The committee shall work seamlessly in its district to ensure access to justice to women with the objectives," the official said.
It will also monitor the timely disbursal of maintenance, supervise the speedy execution of warrants in collaboration with the state police and simplify processes on the matter by subordinate courts.
Jammu and Kashmir High Court Chief Justice Badar Durez Ahmed also wrote to the law ministry in this regard.
"To take care of the concern shown in the letter, the high court has issued a circular to all the principal district and sessions judges of the state whereby they have been directed to monitor the timely disbursal of the money awarded to the women as maintenance by the courts," he wrote. "They have further been directed to monitor the speedy execution of warrants of attachment issued by the courts in this regard."
He added that the court will also analyse delays in such cases.
"The high court is also compiling data relating to pending cases pertaining to maintenance proceedings as also the data pertaining to average time taken in awarding/actual payment of maintenance in such proceedings," he said in the letter.
