Ladakh, Jammu, Kashmir & Delhi: Law Department, on the one hand, has taken land mark decision by bringing amendment in compensatory allowance in the cases pertaining to matrimonial and maintenance under section 484 due to which courts could enhance the amount of allowance as per the income of husband of the victim, according to liabilities. Earlier it was being paid only Rs 2000 or below, which could have served as cruel joke to many sufferers. But on the other hand, continuing proceedings of cases for decades and years had made the life impossible for several destitute left at the mercy of mankind.
“I had been wandering from pillar to post for the last more than ten years to get maintenance allowance but what I get is ‘date’ of next hearing every month or some after two months” Vimla Devi one of victim said. She said every time there is new method of proceeding and “it seems a life long struggle for me now as I had sold all my belongings one by one for my survival” she said adding that number of victims is growing by every passing day.
Well informed sources in Law Department said that there is pattern of time bound proceedings for such cases, huge rush due to increasing number of cases every day, and over burden on Munsifs due proceeding in registrations, criminal and civil cases the process gets lengthy and it is not possible for a client to get dates every month or every fortnight.
Total number of cases for matrimonial from 2,448 and maintenance from 4,862 has shown sharp increase in last four-five months and are increasing with every passing day, sources said adding that either bringing legislation for amendment to make the cases time bound or to establish special courts like in other states of the country could help to address the issue.
Secretary Law Jammu and Kashmir Government, G N Tantary while clarifying said that there is only one case of ten years old and one matrimonial court is in place in Jammu to deal with family disputes exclusively. Tantary while replying to a question said that proceeding in these cases is going on normally and there is no need of bringing of bringing any legislation for amendment as yet.
Senior Advocate Sheikh Shakeel while commenting upon the issue said that due loss of patience and understanding the cases of separation are on rise which ends in heavy rush out sides the court rooms. There is need of setting up of counseling or meditation centers or if possible one family court should be exclusively established in city to end the menace.