Kerala HC Directs All Family Courts To Expeditiously Release Amount Deposited Towards Arrears Of Maintenance To Claimants
The Kerala High Court has directed all Family Courts to release the amount deposited towards arrears of maintenance to the claimants at the earliest.
The bench of Justice A. Badharudeen observed that Family Courts are reluctant to release the arrears of maintenance being deposited before the Family Courts.
The Court noted that the Family Courts unwantedly insist for orders from the High Court to release the amount.
"It is noticed that when arrears of maintenance being deposited before the Family Courts in obedience to the order/interim order or otherwise, Family Courts are reluctant to release the amount deposited to the claimants and unwantedly insist for orders from this Court to release the amount. It appears to be a bad practice which is detrimental to the interest of the claimants.", the Court noted.
The Court observed that it is the duty of the Family Courts to release the amount deposited within no time to the claimants, so as to help them for their survival.
Thus the Court ordered all Family Court Judges to expeditiously release the amount deposited towards arrears of maintenance to the claimants.
The Court also directed that when amounts are deposited, being part of arrears of maintenance, the Family Court shall immediately secure the presence of the claimant/claimants, and shall release the amount directly to the parties, without effecting deposit of the same in the treasury.
"It is also ordered that when amounts are deposited, being part of arrears of maintenance, the Family Court shall immediately secure the presence of the claimant/claimants, after contacting them through their lawyers or in the telephone numbers of the claimants, if available in the office, and shall release the amount directly to the parties, without effecting deposit of the same in the treasury and to put the claimants in further trouble.", the Court ordered.
The Court also clarified that the amount, if any, deposited towards arrears of maintenance, with rider not to release the amount, such amount alone shall not be released in view of the instant direction.
Cause Title- Manikandan v. Raveena
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