'Consider Providing Financial/Material Assistance To Beneficiaries Of Maintenance Orders Passed, But Not Complied With On Account Of COVID Pandemic': J & K HC To UT Govt [Read Order]

The Jammu and Kashmir High Court on Tuesday directed the Union Territory Government to examine the possibility of providing assistance to these persons, financial as well as material, to enable the survival and sustenance of the persons in whose favour the courts have passed the maintenance orders.

The Chief Justice-led bench was perusing 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 (on account of inability of the respondents to pay the maintenance either on account of loss of employment or on account of COVID-19 restrictions).

The division bench furnished the report, containing full particulars including the addresses as well as phone, to the Government of Union Territory of Jammu and Kashmir, observing, "The AAG who shall ensure that the matter is immediately addressed in right earnest".

The Court also directed the JKSLSA to, within one week, 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. The bench required 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.

"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 Court ordered.

The bench, however, clarified 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, and that the same shall not create any rights in favour of the petitioner.

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