Justice CS Dias noted that the Supreme Court in Rajnesh v. Neha & Anr. had issued detailed guidelines to eliminate stumbling blocks in the disposal of maintenance applications and the enforcement of orders.
However, courts continue to adopt procedures that cause inordinate delays which only prolong the miseries of the persons living in vagrancy, the Court observed.
It, therefore, suggested that the parliament bring in changes to Chapter IX of the Code of Criminal Procedure (CrPC) which deals with the maintenance of wives, children and parents.
“Destitute women and children are made to loiter in the corridors of the Courts to receive their monthly maintenance, which adds to their woes. In the light of the authoritative pronouncement by the Hon’ble Supreme Court in Rajnesh v Neha and again reiterated in Aditi Alias Mithi v. Jithesh Sharma, this Court is of the firm view that the time is ripe for the Parliament to ponder in bringing corresponding changes in Chapter IX of the Code to make it consonance with the law declared in Rajnesh or even think of a comprehensive maintenance law,” the Court said.
Source: Barandbench
