Rebuking family courts for granting adjournments liberally, the Supreme Court of India held that the maintenance to wife should be granted from the date of application for maintenance and not the date of order from the family court.
Terming it ‘unfortunate” that the application for maintenance for wife lingered for nine years because of adjournments granted liberally by family court, the Court said, “When such a situation occurs, the purpose of the law gets totally atrophied. The Family Judge is expected to be sensitive to the issues, for he is dealing with extremely delicate and sensitive issues pertaining to the marriage and issues ancillary thereto. When we say this, we do not mean that the Family Courts should show undue haste or impatience, but there is a distinction between impatience and to be wisely anxious and conscious about dealing with a situation. A Family Court Judge should remember that the procrastination is the greatest assassin of the lis before it.”
Dilatory tactics by any of the parties has to be sternly dealt with, for the Family Court Judge has to be alive to the fact that the lis before him pertains to emotional fragmentation and delay can feed it to grow, the Court said.