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There are many family courts in India. Some of them are located in Delhi, Tamil Nadu, Himachal Pradesh, and Nagaland. But the main one is the Central Family Court, which is located in Mumbai.
Family Courts are a legal framework for dealing with family disputes. It promotes conciliation and facilitates speedy settlement of family disputes. These courts are set up by state governments in consultation with the High Courts. Currently, 715 family courts are functioning in 26 states.
Himachal Pradesh has three family courts. These courts operate under the Family Courts Act, 1984. The rules of the Family Courts are based on the Code of Civil Procedure. In case of a divorce, lawyers usually represent the parties. Usually, the High Court grants permission to appear for a party. However, if the party does not receive the court’s permission, he cannot be represented by a lawyer.
Despite the fact that the State of Himachal Pradesh has been operating Family Courts since 1970, there have been no formal notifications from the central government. This leads to questions regarding the validity of the family courts.
When the Family Courts Act came into force, the state government was given the authority to appoint one or more judges for a Family Court. The court can also develop its own rules and procedure.
After the enactment of the Family Courts Act, the Union law ministry had planned to make some amendments to the law. A proposal was prepared, which was later notified. As of February 2022, seven16 family courts are operational across the country.
The Himachal Pradesh High Court had heard a petition against the absence of jurisdiction of Family Courts in the state. One of the arguments cited was that the Central Government had not extended the application of the Act to these states. But the court ruled that the Central Government had not notified the date on which the Act would come into effect in these states.
Another issue raised was the lack of representation of women in the court. The opposition parties claimed that the government had misused the Enforcement Directorate in these cases.
Eventually, Parliament passed a bill in the Rajya Sabha that grants statutory cover to the Family Courts in Himachal Pradesh. It also passed a bill in the Lok Sabha establishing the Family Courts in Nagaland.
The Indian Divorce Act, 1869 is of considerable importance. It was amended in 1951. Since then, the act has become applicable across India, except for Jammu and Kashmir. This act is of particular interest to Nagaland.
However, the Family Courts Act, 1984 is not operative in the State of Nagaland. This act was passed to promote conciliation and speedy settlement of family disputes.
The government of Nagaland wants to set up one family court in every district. But the state has yet to notify the central government about establishing family courts in the state. In a bid to resolve the issue, the union law ministry has drafted an amendment bill for the Act.
The amended bill aims to provide statutory cover to the existing family courts in Himachal Pradesh and Nagaland. This will come as a relief to thousands of people in the two states.
There are currently three family courts in Himachal Pradesh. The Family Courts (Amendment) Bill, 2022, was introduced by the union law and justice ministry. As per the bill, the Centre will back up all actions taken by the State Government and family courts.
The bill has been passed by the Lok Sabha last week and Rajya Sabha on May 17. Amid din and sloganeering from the Opposition, the bill was passed.
Currently, the family courts in Nagaland are located in Kohima and Dimapur. Earlier, the Depurt Commissioner was responsible for administration of the district. He was entrusted with both executive and judicial powers.
The Family Courts Act, 1984 requires the state government to establish one family court in each city and town. While the Centre reportedly wanted to support the Act, the Opposition alleged that the Government of Nagaland misused the Enforcement Directorate to bring the act into force.
Currently, the Government of Nagaland is planning to establish a District Family Court in every district by 2030. The Family Courts (Amendment) bill will be notified after the President assents it.
The Indian Divorce Act, 1869 has been included in the Nagaland Code. The Naga customary law does not have a specific provision for divorce.
There are six family courts in Tamil Nadu. These courts have the capacity to try cases under the Hindu Marriage Act, the Hindu Family Law Act and the Permanent Alimony Act. But the plethora of family courts has not led to a satisfactory outcome in terms of cases being disposed of in time.
The government has created four additional family courts in the state. According to the registrar general of family courts, these new family courts are not functioning at full capacity. It is also not clear whether the government is fulfilling its obligation to fill up these vacancies.
Although the number of family courts in Chennai is increasing, their effectiveness is not yet proven. One of the reasons for this is the lack of basic infrastructure facilities. Another reason is the lack of staff. In 2011, all the family courts started operating on holidays and weekends. However, this was withdrawn after a petition was filed by the Women Lawyers Association.
This is because the judges do not have enough staff to deal with the increasing number of cases. Also, there is no air circulation in the court halls. Hence, the proceedings in the courts are usually quite slow.
Despite the statutory requirement to create family courts, most of the state governments have failed to implement them effectively. As a result, litigants are still suffering from the delays in case disposal.
In addition to the lack of adequate staff, the judiciary has also failed to fill vacancies. Thus, the registrar of the family courts requested the government to double the number of family courts in Chennai.
Apart from the lack of staff, the registrar has also informed the Madras High Court that there are no rules to deal with the increasing cases in the family courts. Instead, the courts are only giving liberal adjournments.
However, despite the conciliatory approach, the objectives of the Family Courts Act have not been achieved. To make the system more effective, the government has to take a lot of steps.
Specifically, the government has to fill up the 22 staff positions in each of the four new family courts. Furthermore, they need to provide the necessary air and infrastructure facilities to facilitate smooth operations.
If you are facing a family problem in Delhi, you may be wondering how many family courts are there in the capital. The answer is that there are six family courts.
Family Courts in Delhi are non-adversarial, holistic, and have a ‘friendly’ atmosphere. They deal with all kinds of matters relating to the maintenance of children, divorce, guardianship, and marriage. Rather than using a formal legal system, the courts prefer mediation and conciliation to resolve disputes.
In addition, the courts have psychologists who can help couples cope with their problems. This is a unique feature that distinguishes them from other courts.
In addition to the main court at Karkardooma, there are three other family courts in the capital. These are located in East Delhi, Vishwas Nagar, and Shahdara.
A special committee was constituted by the Delhi High Court to implement the Family Courts Act, 1984. It is headed by Judge Justice Hima Kohli. Other members include Hon’ble Mr. Justice Badar Durrez Ahmad, Hon’ble Mr. Justice Pradeep Nandrajog, and Hon’ble Mr. Justice Vijender Jain.
The committee is in the process of finalising a ‘graded action plan’ that would address the concerns and needs of the families. Some of the issues that were discussed are the e-filing module, appointing a coordinator, and displaying the e-filing tutorial on the high court’s website.
Family cases can be heard through video-conferencing. They are also equipped with children’s rooms and counsellors. Counsellors extend their role to reconciliation, and provide respite to the affected families.
While the family courts have been set up in many states, there are still some challenges. One of the main issues is the lack of uniformity. There are different rules of procedure in different High Courts.
Moreover, the inefficiency of the Delhi court system, including the corruption involved, adds to the problem. The court needs to be more efficient and effective.
With the inauguration of the family courts in Delhi, the backlog of family cases will be cleared. As of now, the judicial infrastructure is not sufficient to handle the daily volume of cases. Consequently, the judgements are not delivered on time.