Timelines And Monitoring Mechansim For Maint Allce Cases

1. Background. There are presently approx 400 ongoing cases in Western Cond for grant of maint alice. The No of cases is two to three times higher than the No of cases handled in any other comd at present. A number of maint alice cases are delayed in various stages of processing. Details of present stage of all cases of Western Comd is att as Appx ‘A’. While maint alice is ged to the wife from date of initial petition and timelines are laid down wrt processing of cases vide Guidelines issued by ADG DV dt 08 Sep 2015, there is a reqnt to review timelines and monitor cases effectively, to reduce the time from receipt of petition to grant of maint alice.

2 Reason for Delay. The delays have been ascertained to be attributable to slow processing of cases by the unit due to various aspects, key issues are as highlighted below:-

1. Delay by Wife. Denial by wife to participate in counselling sessions and to provide compete fin details as reqd by the unit to take a considered view wrt genuineness of the case. COs are thus compelled to delay the case during their attempts to gain a complete picture.
2. Delay by Indl. Hesitancy on the part of the indi to allow the case to be processed, as grant of maint allce to wife has an adverse effect on any ongoing litigation in civil courts, adverse effect on any likelihood of mutual reconciliation and affects the indis access to his child/children
3. Delay by Unit. Inadequate pr on unit to progress cases in a time bound manner with no monitoring by intermediate fmn HQs.
4. Incomplete Docu. Absence of a moderating agency results in poor std of docu of the case by the unit/ bde and thus requiring repeated clearing of obsns, leading to cumulative delay. This is attributable to the fwg aspects:
   (i) No of cases handled by each bde/ unit are low and thus there is inadequate experience with them to handle the case as per policy.
   (ii) The No of cases handled by Comd HR br being very high, hand-holding of each case is presently not possible.

3 Measures to Reduce Delay. In order to reduce the delays and streamline the timelines, the fwg measures are to be adopted in Western Comd

1. Timelines, Stage wise Timelines att as Appx ‘B’ will be adopted in Western Comd
2. Monitoring of Cases, As per flowchart att as Appx ‘C’
   (i) All cases will be monitored by One up HQ from initial stg. Div HQ (One up HQ for most cases) will ensure moderation of actions at unit and bde levels.
   (ii) Corps HQs will be info by Div HQ of delayed cases & will thereafter monitor the same.
   (iii) Trigger pts for reminders is as given in Appx ‘C’.
3. Counselling. To ensure involvement of both sides and adequate inputs to the CO attendance in counselling will be compulsory for both sides. Key aspects are as follows
   (i) The aspect will be mentioned in initial letters to CO and wife by Comd HQ.
   (ii) Min two counselling sessions at unit level by the CO which should preferably be attended in person by indl & wife.
   (iii) Unit counselling to be followed by Professional Counselling, to continue until a final report is provided by the counselor.
   (iv) Indi Denies Counseling, Case processed by unit stating the same.
   (v) Wife Denies Counselling. Wife be given two written reminders at 60 and 90 days by the unit. Unit to intimate Comd HQ of non-attendance by wife and fwd “R” of CO & Cdr for closure of case. Thereafter, case will be closed by this HQ and wife informed accordingly.
4. ITR returns of past two yrs will be sought from wife in her Affidavit, through initial letter of Comd HQ. This will reduce time lost in certain cases where details are sought from lady due to contentions of offr/ indl.
5. Cases delayed due to wife not providing complete details as per reqmt, be closed after 90 days of issue of first letter. Unit to issue two reminders to wife, T reminder on completion of 30 days and 2nd reminder on completion of 60 days from issue of initial letter to wife by Comd HQ. Thereafter, on non receipt of Affidavit or receipt of incomplete details, One up fmn will fwd ‘R’ of Cars in Chain to Comd HQ for issue of closure letter to the wife.
6. Delayed Reply to SCN by Indi, Ex-parte decision be taken on cases if indi does not reply to SCN within given timeframe. CO to initiate case to next HQ on completion of 30 days from issue of SCN to indi.
7. Contentions in Indi’s Reply to SCN. Adequate opportunity and sp be given to indi to bring out factual data sp any of his claims of emp, property held or edn qual of wife. Such cases can be processed to Bdes by the unit and Bde can flag the case to the Div HQ for addi opportunity and time to be given to the indi, if found necy. The same will be intimated to this HQ at the earliest.

4. The contents of this letter are regd to reach all COs and OsC of all units in Western Comd. It requires to be appre that while being an interpersonal issue between an indi and his wife, the sub affects the character and temperament of the indi and also the image of a sol in society in certain cases. At the same time the indi must not be victimised only because of his wearing of the uniform being sub to AA. Hence distinction in cases must be made by the CO, which affects the processing of the case for grant/ denial of grant of maint alice.

5. This advisory is issued with apvl of GOC-in-C.

6. For necy action and dissemination pl.