NASEEM BEGUM Vs. SHAFI MOHD.

JUDGEMENT

(1.) The sufferings of the Appellant seem to be unending. First illiteracy, then poverty aggravated with a broken marriage, question of survival with a daughter to take care of, was staring in her face. The Appellant with an undying spirit to fight for right to have maintenance, took recourse to law about thirteen years back. To continue this legal battle was an uphill task for her. Being faced with a situation where the counsel engaged by her failed to render necessary legal assistance, the indifferent attitude of the Court towards the handicaps of the Appellant, added to her miseries. The learned Judge, Family Court failed to appreciate the legal principles empowering the Courts to exercise the judicial discretion vested (in the Courts) under Section 311 CrPC for just decision of the case.

(2.) In the instant appeal, the question that arises for consideration before us is should a litigant be made to suffer for her illiteracy and poverty due to which she is unable to hire good legal brain to prosecute her claim for maintenance. Perhaps she was not apprised of the legal aid she was entitled to.

(3.) It is well settled that the object of maintenance is to prevent vagrancy by compelling those who can do so to support those who are unable to support themselves and who have a normal and legitimate claim to support for themselves.