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2023 Supreme(All) 1423

VINOD DIWAKAR
Parul Tyagi – Appellant
Versus
Gaurav Tyagi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajiv Sisodia.

Judgement Key Points

Key Points: - The High Court observed that delays in case disposal erode public faith in the judicial process and that many maintenance applications remain pending for years, nullifying the law's object (!) (!) (!) (!) (!) (!) (!) . - Non-adherence to Supreme Court guidelines by subordinate courts undermines the rule of law, leads to unequal treatment, erodes judicial precedent, perpetuates injustice, and causes a loss of public confidence (!) (!) . - The court issued guidelines for Family Courts in maintenance proceedings under Section 125 CrPC, including the mandatory requirement of an Affidavit of Disclosure of Assets and Liabilities (!) (!) . - Guidelines include a time frame for deciding interim maintenance applications (within four to six months) (!) (!) (!) . - The court directed District Judges to develop a system for regularly assessing and overseeing the performance of Family Courts within their districts to ensure adherence to Supreme Court and High Court directives (!) (!) . - Maintenance orders are to be enforced under Section 28-A of the Hindu Marriage Act, 1955; Section 20(6) of the DV Act; and Section 128 of CrPC, or as a money decree under CPC (!) (!) . - The court emphasized that maintenance is a constitutional right and an element of universal human rights, aimed at preventing vagrancy and ensuring financial support for dependent spouses (!) . - The Supreme Court's judgment in Rajnesh Case (2021) 2 SCC 324 provides comprehensive guidelines for Family Courts in maintenance proceedings (!) (!) . - District Judges are to convene semi-annual meetings with Family Court Judges to review the implementation of guidelines and submit reports to the High Court if guidelines are not followed (!) . - The court stressed the importance of judicial officers recognizing the weight of their responsibility and approaching each case with sensitivity, empathy, and a deep understanding of the human aspect involved to foster public confidence (!) (!) .

What are the reasons for the delay in the disposal of maintenance applications?

What are the consequences of the non-adherence of the Supreme Court guidelines by subordinate courts?

How to ensure consistent and uniform application of Supreme Court guidelines by Family Courts in maintenance proceedings?


JUDGMENT :

1. Heard Shri Rajiv Sisodia, learned counsel for the petitioner and perused the record.

2. This petition stems from a series of miscellaneous ineffective orders passed by the Principal Judge, Family Court, Muzaffarnagar in O.S. No.976/11 of 2022. The petitioner has invoked Article 227 of the Constitution of India, seeking a direction to expedite disposal of the aforesaid O.S. No.976/11 of 2022 titled as Parul Tyagi Vs. Gaurav Tyagi. For clarity, the relief sought before this Court is outlined below :

    “i. Issue an order or direction, directing the Principal Judge, Family Court No.2, Muzaffarnagar to expedite proceeding of Original Suit No.976/11 of 2022 (Parul Vs. Gaurav), under Section 128 Cr.P.C.

ii. Issue any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”

A. Brief Facts and Background of The Case

3. The petitioner, Smt. Parul Tyagi, entered into matrimony with the respondent, Gaurav Tyagi, on 17th February, 2009, adhering to Hindu rituals and ceremonies in Muzaffarnagar, Uttar Pradesh. During the ma

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