Examine Possibility Of Providing Maintenance Ordered By Courts: HC

Srinagar, June 3 (GNS): Jammu and Kashmir High Court on Wednesday directed Social Welfare department to examine the possibilities of providing sustenance in cash or kind to those persons in whose favour maintenance orders have been passed by the court but are not being complied with keeping in view the peculiar circumstances on account of COVID-19 crisis.
In this regard, the court directed Member Secretary, Jammu and Kashmir State Legal Services Authority (JKSLSA), to collate the full information regarding the names and addresses of persons in whose favour maintenance orders have been passed.Hearing a PIL on its own motion, Chief Justice Gita Mittal and Justice Rajnesh Oswal also directed that the information shall include particulars of the case in which order has been filed; date of the order; the amount of maintenance awarded.  
The court’s order followed perusal a status report filed by M. K. Sharma, Member Secretary, JKSLSA, regarding compiling information with regard to the cases involving maintenance as well as child custody issues.
“The list includes several cases where maintenance orders stand passed. However, the same have not been complied with,” the court observed according to GNS, adding, “We are informed that in some cases it is on account of the inability of the respondents to comply with the order on account of loss of employment because of the COVID -19 related issues.”
Be that as it may, the court said, and observed that cases in which the orders stand passed would show that a judicial mind has found a party in need of sustenance and maintenance.“This would include the wives, children and parents of the respondents against whom orders stand passed. In the given circumstances, implementation of coercive methods against persons who have not paid maintenance would serve no fruitful purpose so far as needs of the families are concerned.” It would appear that intervention is needed from the State Authorities to assist this category of needy persons, in cash or in kind, the court said.  
“ The details as well as copies of the orders shall be sent by Member Secretary Jammu and Kashmir State Legal Services Authority (JKSLSA) to the Secretary, Department of Social Welfare, Union Territory of Jammu and Kashmir, who may look into the matter and examine the possibilities of providing sustenance in cash or kind to those persons in whose favour maintenance orders have been passed which are not being complied with keeping in view the peculiar circumstances on account of COVID-19 crisis,” the court added. (GNS)