Judgment :- 1. This is a matrimonial matter. The litigation has marred not merely the marital relations of the spouses but also the life and career of the off-springs of the union, two daughters and a son. The husband, a teacher, now aged 48, has sought a dissolution from his wife, aged about 38. That petition filed in 1985 is still pending. The wife sought pendente lite maintenance for herself and her minor children, at the rate of Rs. 150/- each and Rs. 1,000/- towards litigation expenses. 2. Twenty five cents of land and six coconut trees cannot possibly sustain a mother and three children, two of whom are prosecuting their studies in the colleges. The wife stated in her affidavit that the husband had an aggregate emoluments of Rs. 2,200/- per mansum and an additional agricultural income of Rs. 1000/- from a rubber plantation. The husband therefore had the capacity, and a liability, to pay the maintenance, accord ing to the wife. 3. The court below, on an evaluation of the affidavits of the parties, took the view that the husband had the capacity to pay the maintenance. That view cannot be justifiably challenged. A duty to maintain was also found by that court. That too is immune from challenge in this revision. 4. Two legal contentions were raised before the court below by way of defence, by the husband. One related to the bar to the present petition in view of the decree for maintenance the wife had obtained in the suit O.S.No. 5 of 1983. The court below rightly took the view that the fact that a decree for maintenance has already been obtained does not preclude the spouse from invoking S.24 of the Hindu Marriage Act. That view has the support of the decision of this Court in Kuttappan v. Thanka,198S K. L. T. 849, and other judicial pronouncements. The first contention therefore fails. 5. The second contention leans heavily on the literal wording of S.24 of the Hindu Marriage Act, 19S5. The section refers only to the spouse. How and wherefrom do the children came? is the query projected on behalf of the revision petitioner. Here again, the matter is not res integra. Brother Pareed Pillai, J. has dealt with the same question in Damodaran v. Meera, 1986 K.L.T. 1020.
The section refers only to the spouse. How and wherefrom do the children came? is the query projected on behalf of the revision petitioner. Here again, the matter is not res integra. Brother Pareed Pillai, J. has dealt with the same question in Damodaran v. Meera, 1986 K.L.T. 1020. It is unfortunate that this decision rendered on 12th August 1986 and published on 22-9-1986 did not come to the notice of the court below. (The fact that the arguments were over as on 22-9-1986 might be the reason for the omission of the counsel to refer to it.) 6. When the matter came up for admission I directed notice to be issued to the Women Lawyers' Federation, Kerala Branch, Cochin, so that the court could receive assistance in the interpretation of an Act, intended to promote the interests of the still suffering segment of feminine humanity. I received assistance in profusion from the President of the Federation who presented to the court all the relevant aspects. She usefully brought to my notice the other judicial decisions not referred to in Damodaran v. Meera, supra, but which endorsed wider and liberal view. The decisions are D. Thimmappa v. R. Nagaveni, AIR 1976 Karnataka 215 (corresponding to 1976 HLR. 693), Smt. Usha v. Sudhir Kumar, 1975 H.L.R.1, Balbir Kaur v. Raghubir Singh, AIR 1974 Punjab & Haryana 225 and Pushpa Devi v. Om Prakash, II (1985) D. M. C. 107 (Rajasthan). 7. Damodaran v. Meera supra, makes an exhaustive survey of the decisions rendered on the topic. There is a cleavage of judicial opinion. Jammu and Kashmir. Patna and Orissa High Courts take, what I feel, with respect, to be a restricted and narrow view of the section. The High Courts of Andhra Pradesh and Karnataka have adapted a wider and liberal view of the Section, taking due note of the social purpose underlying the statutory scheme. Courts of law have a duty that the interpretational exercise of social legislations advances the cause of the suffering section and promotes the object of intended welfare under the statute. A forward direction should not be abandoned in such sensitive situations. I would respectfully follow the decision in 1986 K.L.T. 1020 supra. That would entail the dismissal of the larger contention. 8. Counsel for the petitioner submitted that one of their children had become a major and not entitled to maintenance.
A forward direction should not be abandoned in such sensitive situations. I would respectfully follow the decision in 1986 K.L.T. 1020 supra. That would entail the dismissal of the larger contention. 8. Counsel for the petitioner submitted that one of their children had become a major and not entitled to maintenance. This contention was not urged before the court below. I do not, therefore, permit such a new contention to be canvassed in the revision petition. 9. There was a criticism that the court below did not allow adducing of elaborate evidence to prove the liability under S.24 and the capability for payment of the revision petitioner. The scheme of the Act would nat permit such a leisurely pace of procedural exercise, when a wife in want or children crying for care are left in the lurch. The procedure has necessarily to be summary. The petition justifiably demands expeditious disposal. This Court had impressed upon giving message even earlier in Radhakumari v. K.M.K. Nair, 1982 KLT 417. The court below had only erred in delaying the disposal of the petition. The circular issued by this Court urging expeditious disposal of such petitions had been apparently overlooked by the court below. It is useful to reiterate that aspect in this case so that the message would not be missed by the courts undertaking adjudication of such pressing social problems. 10. The civil revision petition is devoid of merit. It is accordingly dismissed, with costs. 11. The respondents in the case had not entered appearance. They cannot claim costs in the revision. The costs should therefore be paid to the Women Lawyers' Federation, Cochin Branch, cot so much as a monetary recompense for the professional services rendered in the case but as a token of appreciation the Court could express for the good and useful services that such an organisation did and could do. 12. The experience in this and other cases of the nature prompts this Court to make one observation about the litigation of this nature, for the consideration of the Central and State Government. Despite commendable advances made by the woman of independent India in various fields, she still drags her feet in many walks of life. Stresses and strains of modern life quite often suddenly and shockingly snap the supply line for food and raimants for the weaker spouse and the dependant children.
Despite commendable advances made by the woman of independent India in various fields, she still drags her feet in many walks of life. Stresses and strains of modern life quite often suddenly and shockingly snap the supply line for food and raimants for the weaker spouse and the dependant children. The management of the litigation is by no means an easy exercise for a harassed housewife with a depressed mental frame and attenuated facilities. To fight out a litigation in the highest court of the State, quite often far away from her residence, would cause extreme anguish financially and otherwise. When legal or other issues prima facie appear as arising for consideration, the High Court has necessarily to examine the matter in greater detail. In many cases, adequate or effective defence cannot be managed efficiently or expeditiously when notice from this Court is received by the respondent-spouse. If there is a stay of the order in relation to the payment of maintenance or expenses, the condition can be more disadvantageous. An institutional aid to the suffering woman, would be a welcome measure in such circumstances. The Women Lawyers' Federation can render useful service in that connection. It is an organisation which has been recognised as entitled to bring forth actions on behalf of the woman subjected to dowry harassment. Ia similar situations, the legislature has provided for institutional legal aid for the defence of the weaker party in a litigation. Many years back, the State Government provided that a Government Pleader should appear in cases where an award in favour of the labour is challenged by the management. A capable counsel (Shri. Balagangadhara Menon, who has much involvement and experience in Labour Law), bad done signal service in that capacity in the early period of the development of industrial jurisprudence, when the labour was not all strong in these days. Though nominally the same arrangement continues, the desuetude of the system has resulted in a virtual extinguishment of a useful establishment. In the land reforms litigation, the State has necessarily to be made a party even when the essential legal conflict before the Court is between two parties as in an adversary system. This also has been conceived of in the larger interest of the administration of justice in relation to a socially relevant legislation.
In the land reforms litigation, the State has necessarily to be made a party even when the essential legal conflict before the Court is between two parties as in an adversary system. This also has been conceived of in the larger interest of the administration of justice in relation to a socially relevant legislation. Here again, the bureaucratic arrangement, has miserably failed, in achieving the laudable objective behind the rule. It has been the sad experience of the court that in many such cases, there is net even nominal appearance on behalf of the State Government. When the need exists for providing institutional aid to a suffering segment of the society, effective and efficacious devices have necessarily to be thought of. Drawing on the goodwill and help of a professional group, with organisational strength and emotive involvement, would be a suggestion I feel would be worthy of consideration. The help received in the present case, encourages me to commend the suggestion for serious consideration of the Central and State Governments. A notice to the office bearers of the organisation can be almost instantaneously served by the court. The organisation can promptly help the court with useful assistance on legal and factual matters. Even when the party has to be contacted for records or other instructions, that too can be done with speedy expedition by the organisation. In a sense, the very idea expressed by a distinguished Prime Minister of India in having the involvement of non-bureaucratic representatives of the society, in the constitution of Social Welfare Board, should give proper support for the present suggestion also. It may be possible to provide for a rule which makes it obligatory for a revision petition arising cut of matrimonial jurisdiction, to make the Women Lawyers' Federation of the respective High Courts eo nominee parties. I do hope that this matter may obtain due attention at the appropriate levels. A copy of this order will be forwarded to the Chief Secretary, Government of Kerala, and also to the Ministry for Social Welfare, Government of India, New Delhi.