Answer By law4u team
Indian courts, particularly family and civil courts, often face a massive backlog of pending cases. This judicial pendency affects the timely enforcement of maintenance orders, child custody rulings, and other critical family law decisions. To address these delays, the legal system provides certain fast-track enforcement options and procedural shortcuts. These tools are designed to safeguard vulnerable parties—such as women and children—by ensuring timely relief despite the heavy burden on the courts.
Fast-Track Enforcement Options Available
1. Urgency Applications
Litigants can file an urgency or early hearing application requesting that their matter be listed on priority grounds.
Courts may allow early listing in cases involving financial hardship, child welfare, or domestic abuse.
2. Interim Relief
Courts can grant interim maintenance or temporary relief pending final orders to prevent delay-induced hardship.
Available under Section 125(1) CrPC, Protection of Women from Domestic Violence Act, and family law statutes.
3. Fast-Track or Special Courts
Some states have designated Fast-Track Family Courts to handle cases involving maintenance, domestic violence, and matrimonial disputes.
These courts are expected to dispose of cases faster than regular civil courts.
4. Execution Proceedings Under CPC (Order XXI)
For civil maintenance orders or decrees, execution petitions can be filed with specific requests for:
- Salary or property attachment
- Arrest and detention of defaulters
- Garnishment of bank accounts
5. Use of Digital Courts & E-Filing
Many high courts now offer online filing systems that reduce listing delays.
E-filing and virtual hearings are especially useful in high pendency districts and metros.
6. Lok Adalat & Mediation
For recovery or enforcement of smaller amounts, Lok Adalats and court-annexed mediation offer quicker settlements without prolonged litigation.
7. Direction Petitions (Writs) in High Courts
If there is excessive delay or non-compliance by lower courts, affected parties can approach the High Court under Article 226 to seek direction for time-bound disposal or enforcement.
Practical Tips to Navigate Judicial Delays
File Properly Structured Petitions with urgency highlighted in the synopsis.
Attach proof of financial hardship, like bank statements or rent receipts, to support early hearing.
Request relief under Section 151 CPC for inherent powers of court in extraordinary circumstances.
Maintain regular follow-ups through lawyers and court websites for listing status.
Seek assistance from District Legal Services Authority (DLSA) if unable to afford a private lawyer.
Administrative & Systemic Initiatives Supporting Fast-Track Action
National Judicial Data Grid (NJDG) helps courts monitor case delays and act on pendency statistics.
Supreme Court and High Court circulars often mandate time-bound disposal in family and maintenance matters.
Use of judicial interns, video conferencing, and AI-based cause-list management to speed up hearings in some states.
Example
Suppose a woman obtains an interim maintenance order for ₹15,000/month in August 2023, but her husband stops paying after November 2023. The local family court has a 9-month waiting period for execution hearings due to high pendency.
Steps She Can Take for Fast Enforcement:
File an urgency application along with the execution petition explaining her financial hardship and pending rent.
Request the court to invoke Order XXI Rule 30–32 CPC for salary attachment if the husband is employed.
Simultaneously write to the High Court Legal Services Committee requesting early intervention or transfer to a Fast-Track Court.
If the case is still delayed, approach the High Court under Article 226 seeking a direction to the lower court to enforce the order within a fixed timeframe.
Alternatively, propose a Lok Adalat settlement to recover pending arrears in lump sum through compromise.
