On Tuesday, the Jammu and Kashmir High Court has directed the Union Territory Government to examine the possibility of providing assistance, financial as well as material, to people in whose favour the courts have passed the maintenance orders to enable their survival and sustenance.
The Court was examining a report of the J & K State Legal Services Authority as regards all the persons in whose favour maintenance orders stood passed but not been complied with either due to inability of the respondents to pay the maintenance or loss of employment or on account of COVID-19 restrictions.
The Court furnished the report to the Government of Union Territory of Jammu & Kashmir and observed:
"The AAG who shall ensure that the matter is immediately addressed in right earnest".
The Court also directed the JKSLSA to file a report regarding all those petitions where maintenance has been sought under any law, however no interim or final orders have been so far passed within a week.
The Court asked the Authority's Member Secretary to undertake the action of verification of the welfare of petitioners in whose favour orders have been passed, as well as in respect of the petitioners in these cases.
It observed:
"Subject to the verification of the condition of the petitioners, the list and details of these petitioners shall also be sent to the Union Territory Government, duly certified that a preliminary enquiry regarding the condition of the petitioners has been effected."
The bench though clarified while concluding that the above certification by the Member Secretary, JKSLSA and / or payment of any amount by the Government is only a temporary measure pending restoration of normal functioning of all systems. It shall not create any rights in favour of the petitioner, the Court added.
The order has been passed by Chief Justicen GITA MITTAL and Justice VINOD CHATTERJI KOUL on 16--06-2020.
Read Order Here:
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