FAMILY COURT ACT, 1984: C s. 7of1984 Act rlw s. 125, CrPC- Duty of Family Court - Explained Application of wife and child remained pending in Family Court for nine years - Family Court granting maintenance to wife and child from the date of order - Held: Both the approaches, i.e., allowing adjournments in extremely o liberal manner remaining oblivious of objects and reasons of the Act and restricting the grant of maintenance to the date of order on some kind of individual notion, not only defeat the command of the legislature but also frustrate the hope of wife and the child who are deprived of adequate livelihood *"'.7'" The E delay in adjudication by Family Court is not only against human rights but also against the basic embodiment of dignity of an individual - Family Court Judges are to decide. the matters as expeditiously as possible keeping in view the objects and reasons of the Act and the scheme of various F statutory provisions - Human rights.

CODE OF CRIMINAL PROCEDURE, 1973: s. 125 - Maintenance of w~fe and child - Relevant date of grant of maintenance - Maintenance awarded by Family G Court from date of order - High .-Court directing main"tenance to be paid from date of application - Held: Wife is entitled to get maintenance from the husband unless there is an order from the court that she is not entit1ed to get maintenance on any legally permissible grounds - As regards tire relevant date of grant of maintenance, in the instant case, there was enormous d~lay in disposal of the proceeding u/s 125 and most of the time husband had taken adjournments and some times the court dealt with the matter showing total laxity- The ; circumstances required grant of maintenance from the date .of application - However, While paying the monthly maintenance, as fixed by Family Court, by 5th of each succeeding month, the arrears shall be paid in a proportionate manner within a period of three years,

s. 125, Cr. P. C. rlw s. 7 of Family Court Act - Object of - Explained -Application of wife and child for maintenance - C Adjournments - Held: In the instant case, proceedings before Family Court were conducted without being alive to the· objects and reasons of the Act and the spirit of the provisions u/s 125 - The case continued for nine years before Family Court - Family Court Judge, while granting adjournments, D 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 - Dilatory tactics by any of the parties has to be sternly dealt with - Family Court E Act, 1984 - s. 7.