Family Courts Must Strive For Settlement With Balanced Approach, Avoid Procrastination & Haste: J&K High Court

While adjudicating upon a matter under the Act a bench of Justice Javed Iqbal Wani underscored that family courts are equipped to follow procedures they deem suitable to encourage amicable resolution, balancing swift action with thoughtful deliberation in family disputes. Sensitivity to the parties' circumstances is paramount, as per the Act, reflecting its core objective of fair and compassionate adjudication, he stressed.

The case in question involved a petition one Mst. Afrooza and her minor child seeking maintenance under Section 488 of the Criminal Procedure Code (CrPC) from Mohammad Aslam Dar, her estranged husband. The petition stemmed from allegations that Afrooza, legally married to Dar, faced neglect and abuse, which led her to leave their shared home and take up labor work to sustain herself and her child.

She claimed that Dar, who earned a steady income, neglected his duty to support them financially. In response, Dar admitted to the marriage and parenthood but argued that Afrooza left him without reason, despite his repeated attempts at reconciliation. He further contended that he was a low-earning carpet weaver, unable to afford additional expenses as he also supported his elderly parents and ailing brother.

The case was initially addressed by the 2nd Additional Munsiff in Srinagar, which granted interim maintenance to Afrooza and her child. However, upon transfer to the Principal Sessions Judge, Family Court, Srinagar, under the Family Courts Act, the case took a different view and dismissed Afrooza's maintenance claim recalling the interim order, while increasing the maintenance amount for the child.

Justice Wani, upon reviewing the family court's decision, referenced key judgments from the Supreme Court, including Aman Lohia v. Kiran Lohia and Rajnesh v. Neha, which guide the procedural requirements and principles family courts must uphold. These rulings stress that family courts should maintain procedural fairness, adhere to natural justice, and avoid arbitrary judgments.

A crucial omission noted by Justice Wani was the lack of affidavits of disclosure of assets and liabilities, which the Supreme Court mandates to ensure accurate assessment of maintenance eligibility and amount. Highlighting the guidelines in Rajnesh v. Neha, Justice Wani stated that such affidavits help the court objectively evaluate the financial capacity of each party, taking into account factors such as the applicant's prior employment, lifestyle before separation, and any sacrifices made for family care.

Upon identifying these procedural gaps, Justice Wani concluded that the family court's dismissal of Afrooza's maintenance request was not adequately substantiated and stressed the importance of considering the Supreme Court's criteria, especially the aim to protect dependents from destitution, rather than penalize any party.

“...The Family Court has taken into consideration the facts and circumstances of the case inasmuch as the evidence led by the parties, before it yet has failed to take into account the necessity of filing an affidavit of disclosure of assets and liabilities before it by the parties in order to advert to the matter in its true and correct perspective”

In view of these considerations the court set aside the family court's decision to decline maintenance to Afrooza, directing the lower court to reconsider the petition. It was further instructed that the family court carefully review the financial disclosures and issue a fresh judgment accordingly.

Case Title: Afrooza & Anr Vs Mohammad Aslam Dar

Citation: 2024 LiveLaw (JKL) 305

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