Sir,
Refer to the article “Half Hearted Marriage”, DE Aug 27, 2017.
The author has thrown light upon the proceedings being carried on by the courts under the provisions of Sec. 488 of CrPC (Sec. 125 of CrPC Central Act) before the Ld. Courts of 1st instance.
The author could lay little attention towards the most unfortunate part of compliance/enforcement of orders passed by the Ld. Courts. The bitter experience has shown that most of the respondents (husbands) in these cases abscond from their original place of residence either at the stage of coming to know the institution of the petitions or at the stage of passing the final orders against them. They shift to undisclosed places, reside there; also contract/solemnise second marriages. The destitute ladies can neither trace them out nor they can get their properties attached or identify having children in their laps with their empty pockets. Moreover, in most of the cases the respondents have no properties which can be attached. Whether these women are in a position to seek the help of executing agencies? To my experience this part of the proceedings has become redundant.
Shock waves run to my veins when the plight of these women are seen and discussed through the glasses of separate sects and religions which compels to the men of experience that the those at the helm of the affairs or take part in discussions are almost cut off from the ground realities.
Remedial steps are required to be taken at the highest forum besides paying special attention to most genuine and deserving cases by the courts.
Yours etc…
Ch. Mohd Shafi
(Advocate), Udhampur
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