Kerala High Court directs all Family Courts to expeditiously release deposited maintenance arrears to claimants

The Kerala High Court recently directed all Family Courts in the State to expeditiously release amounts deposited as arrears of maintenance, to the claimants [Manikandan v Raveena]..Justice A Badharudeen, while considering a revision petition of a Family Court order, noted that Family Courts have been reluctant to release such deposits and often insist on unnecessary additional court orders. The judge derided the practice and pointed out that Family Courts are duty bound to expeditiously release such deposits to assist families with their survival.“It appears to be a bad practice which is detrimental to the interest of the claimants. In fact, it is the duty of the Family Courts to release the amount deposited within no time to the respondents, so as to help them for their survival,” the Court said in its order..Therefore, the Court ordered Family Court judges to release such deposited amounts to the claims at the earliest.“Since it is noticed that this is the procedure that has been following in almost all the Family Courts, all Family Court Judges are directed to release the amount deposited towards arrears of maintenance under the orders of this Court or otherwise to the claimants at the earliest," the order stated..It further directed Family Courts to immediately contact the claimants when such deposits are made and release the amounts directly to them. "It is also ordered that when amounts are deposited, being part of arrears of maintenance, the Family Court shall immediately secure the presence of the claimant/claimants, after contacting them through their lawyers or in the telephone numbers of the claimants, if available in the office, and shall release the amount directly to the parties, without effecting deposit of the same in the treasury and to put the claimants in further trouble. If such way of payment of the amount is not feasible, despite having opted the procedures herein above referred, then the amount can be deposited in accordance with law,” order said..[Read Order]