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The two issues that pronouncedly emanate in this
appeal by special leave are whether the Family Court
while deciding an application under Section 7 of the
Family Court Act, 1984 (for brevity, “the
...Act”) which
includes determination of grant of maintenance to the
persons as entitled under that provision, should allowadjournments in an extremely liberal manner remaining
oblivious of objects and reasons of the Act and also
keeping the windows of wisdom closed and the sense of
judicial responsiveness suspended to the manifest
perceptibility of vagrancy, destitution, impecuniosity,
struggle for survival and the emotional fracture, a wife
likely to face under these circumstances and further
exhibiting absolute insensitivity to her condition, who,
after loosing support of the husband who has failed to
husband the marital status denies the wife to have
maintenance for almost nine years as that much time is
consumed to decide the lis and, in addition, to restrict the
grant of maintenance to the date of order on some kind of
individual notion. Both the approaches, as we perceive,
not only defeat the command of the legislature but also
frustrate the hope of wife and children who are deprived
of adequate livelihood and whose aspirations perish like
mushroom and possibly the brief candle of sustenance
joins the marathon race of extinction.
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