HC wants 3-member team of collector, SP and principal judge for each district.
A division bench comprising Chief Justice KS Radhakrishnan and Justice AS Dave of Gujarat high court has ordered formation of a three-member team comprising the superintendent of police, collector and principal judge of concerned district to monitor the large number of pending cases related to family disputes.
The high court order comes in wake up of a PIL filed by an NGO, Shree Yogkeshem Foundation for Human Dignity over the delay in disposal of cases pertaining to maintenance that are pending in various family courts across the state.
The bench asked the authorities concerned to expedite the process of clearing the large number of pending cases by collecting data from the courts and also to find out the reason behind such pending cases.
Earlier, the PIL stated that as per the provision of section 125 of the Criminal Procedure Code (CrPC), deserted women, children, old parents are eligible to get maintenance for their livelihood. A judicial magistrate is supposed to pass an order for maintenance within 60 days of serving the notice to the defaulter.
Even Gujarat High Court had issued many circulars for prompt disposal of maintenance cases, the counsel for NGO, DJ Bhatt stated.
Advocate and president of the association Rajendra Shukla said, "The court also observed the large number of pending cases in various districts of state." In Mehsana district court, there are 22 cases of family matter pending of year 1995, while in same district there are 30 cases pending from the year 1996. Similarly in the family court in Ahmedabad cases are pending since 2000.
Shukla also said despite clear cut provisions in CrPC and positive directions from the high court it is observed that the victims and the people who need maintenance have to visit the family courts for many months and sometime years together with no result to show.
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