Delhi High Court urges to adopt humane, well-reasoned approach in maintenance cases


Daijiworld Media Network - New Delhi

New Delhi, Oct 30: The Delhi High Court has emphasized the importance of a “balanced and humane approach” in deciding maintenance cases, acknowledging the heavy workload and emotionally charged environment of family courts.

Justice Swarana Kanta Sharma, while setting aside an interim maintenance order and sending the case back for reconsideration, observed that family courts must ensure their orders reflect a “judicious application of mind” rather than being based on mechanical assumptions.

“The volume of cases before family courts is extremely high, and judges are required to handle numerous complex and emotional disputes each day,” Justice Sharma noted. “Yet, the court must strike a balance between speed and fairness,” she added.

The High Court underlined that even interim maintenance orders should be supported by clear reasoning. “While detailed financial scrutiny may not be possible at the interim stage, the orders must indicate how the amount of maintenance was determined,” the judge said, cautioning that “expedition cannot come at the cost of reason.”

Justice Sharma pointed out that despite clear guidelines from the Supreme Court, family courts often deviate from established principles or fail to explain the basis for their decisions. She also noted that delays are frequently caused by incomplete or evasive financial disclosures from the parties involved.

Calling maintenance decisions a judicial responsibility that impacts dignity, sustenance, and stability, the court stressed that such orders should reflect both legal correctness and human sensitivity.

“This is not a mere financial exercise,” the judge observed. “It concerns the survival and dignity of individuals whose lives depend on these decisions.”

The High Court further directed that copies of the judgment be circulated to all principal district judges and family courts across Delhi, as well as to the Delhi Judicial Academy, to be included in judicial training programmes.

The directive aims to ensure that family court judges across the capital adopt a consistent, fair, and compassionate approach in maintenance proceedings.

  

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Title: Delhi High Court urges to adopt humane, well-reasoned approach in maintenance cases



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