In a serious comment that shook the judicial system of Uttar Pradesh, Allahabad High Court has questioned the functioning of family courts. The court said that Unnecessary delay in sensitive cases like maintenance is not only disregarding the orders of the Supreme Court, but it is also a direct attack on the dignified life of women.
Justice Vinod Diwakar Ki single bench Auraiya district While dismissing the revision petition of a husband of a husband, he clearly said that if the judges sitting with the Supreme Court do not accept the oath of the Constitution, then how will the general public get justice?
Lives were ruined by “date on date”
Even today, millions of women of the country have been wandering on the threshold of the court for their rights for years. In cases like maintenance, every date brings a new pain and a story of waiting. The High Court said that this delay not only causes financial and mental anguish to the aggrieved side, but it also discouns the credibility of the judicial system.
Supreme Court orders openly ignored
Court ‘Rajneesh vs Neha’ Citing the case, the Supreme Court has given clear instructions that while deciding the maintenance, the income, property and responsibilities of both the husband and wife It is mandatory to take an affidavit. But many family courts of Uttar Pradesh are not following this process.
The court commented, “It is beyond comprehension how trained judicial officers can ignore the orders of the Supreme Court like the Supreme Court. It is not only a legal crisis, but also moral failure.”
Case up to 2,000 on a judge: How will justice be done?
On the orders of the High Court, when the reports of pending cases were sought in the state’s family courts, the figures that came out were shocking. In districts like Prayagraj, Agra, Maharajganj, 1,500 to 2,000 cases are pending on each judge.
As of 23 May 2024, out of 74 only 48 courts submitted reports, many of which only Formal affidavit He filled it and did it. The court said, “Repeated hearing is not just mismanagement of the process, but it is like refusing to give justice.”
Court’s resentment: only formality will not work
The court has urged the Chief Justice to take cognizance of the late family courts and take tough steps. The court’s strict comment was that if the lower courts are the supreme patron of the Constitution Supreme Court If she does not care about the orders of, then it is like hollowing out the judicial system.
Status of Family Courts: Jokes in the name of justice?
Family courts across the country were formed for a long time for speedy justice, but today this system itself is under question. Due to unnecessary dates of cases, absence of witnesses, strikes of lawyers and lack of judges The aggrieved women continue to fill the notebooks of only dates for years.
What does judicial accountability test the test?
It is clear from the Supreme Court and the High Court’s comments that Justice is not only by ordering, but by implementing them. But when the lower courts ignore judicial orders, the question arises that how will the accountability be fixed?
Questions raised on the role of state government and judicial service commission
Is the judiciary guilty only? Role of State Governments and Judicial Services Commissions There is no less here. For a long time, vacant posts, delays in appointments and lack of resources are also at the root of this system. As long as governments and judicial institutions are not serious about this problem, till then “Date on date” This cycle of will not break.
High court strictness is necessary in public interest
It will be a mistake to see this serious comment of the Allahabad High Court from the perspective of only one petition. This is a broad message that if Judicial instructions were not followedSo the greatest strength of democracy – judicial system – will weaken itself.
This strict comment by the Allahabad High Court has not only left a resonance within the judiciary, but has also raised hopes that perhaps the “date on date” will end and every aggrieved woman will get timely justice. This type of accountability is very important to strengthen the country’s judicial system.