HC takes serious note of non-filing of report on maintenance

Excelsior Correspondent

Srinagar, June 3: Taking serious note of not filing of compliance report with regard to evolving of proper mechanism to provide maintenance to domestic violence victims during lockdown and child care issue, High Court today directed the State Legal Services Authority (SLSA) to collate and gather full information of such persons and ensure that sustenance to aggrieved persons is paid.
Hearing suomoto case on domestic violence on women and other persons through video conference, the Division Bench of Chief Justice Gita Mittal and Justice Rajnesh Oswal after informing that on account of inability of the authorities to comply with the orders on account of loss of employment due to COVID-19 related issues, directed the Member Secretary to collect the full information about such cases in which orders for maintenance have been passed and get those orders implemented.
DB had directed the trial courts to evolve a suitable and appropriate method and means so that maintenance of payment be granted to the victims of domestic violence despite lockdown in force.
After the perusal of status report filed by SLSA through its Member Secretary M K Sharma revealing compiling of information of cases involving maintenance as well as child custody issues, Court said, the same have not been complied with.
“Be that as it may, 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 included the wives, children and parents of the respondents against whom orders stand passed”, DB said.
Court directed the SLSA to collect full particulars like names and address of persons in whose favour the amount of maintenance has been awarded. Court directed the SLSA that these details and copies of maintenance orders shall be sent to Secretary Social Welfare Department.
Social welfare Department is directed to 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 till date complied with in view of COVID-19 crises.
Direction is also passed for compliance of directions with regard to child visitation in the manner as observed by the Supreme Court. The Member Secretary SLSA has been directed for filing of report before the court before next date of hearing.
Member Secretary SLSA has been directed for placing a report as to whether the arrangements directed by the Supreme Court are being applied by the Courts of J&K and litigants regarding ensuring visitation of the children with their parents.
Court said this exercise may require ascertaining the details of the cases where orders for visitation have been passed as the attention of the court has been drawn to this issue.
Union Counsel has been directed to submit the report regarding the mechanism in Ladakh to meet the needs of victims of domestic violence, elderly abuse, childe violence and violence against transgenders.