Family courts are special courts established by state governments in conjunction with their High Courts to handle legal issues related to marriage and family. Their mission is to promote reconciliation and swift resolution of marital and familial issues, and ensure quick resolution.
Counsellors can assist in dispelling confusion and simplifying processes.
How many family courts are there in Maharashtra?
Family courts are legal entities established to hear cases pertaining to family matters such as divorce, alimony, maintenance, and custody of children. Their mandate includes offering counselling services first to any unhappy couples who wish to end their marriages before hearing their cases in court. Family courts offer litigants relief as they tend to be faster and cheaper than regular courts but unfortunately still suffer from lengthy pendency periods.
The Bombay high court has ordered Maharashtra state government to establish family courts across all districts of Maharashtra. A division bench composed of Justices Anil Menon and Makarand Karnik heard a PIL filed by businessman Tushar Gupta who claimed there is an acute dearth of family courts across Maharashtra despite Family Courts Act which stipulates one court should be created per city with over a million population; additionally he stated there are over 5,000 divorce cases pending but only seven judges available!
Devendra Fadnavis recently informed the legislative council of his intention to set up 41 new family courts across Maharashtra. These would join existing district and sessions courts and government would provide land for their establishment, working closely with Bombay High Court.
Maharashtra boasts 29 district and sessions courts with three additional benches located at Nagpur, Aurangabad and Goa that exercise jurisdiction across all of Maharashtra and Goa as well as the Union Territories of Dadra and Nagar Haveli and Daman and Diu. For any disputes concerning decisions of these courts that arise within their purview, appeals can be filed at Bombay High Court for adjudication.
There are currently 159 family courts nationwide, 14 in Mumbai alone (Thane and Navi Mumbai each having one), that aim to reduce case pendency and promote reconciliation between spouses. Unfortunately, not all couples understand the concept of peaceful coexistence, leading them to file frivolous applications and counter-apps leading to unnecessary litigation that burdens judges further.
There are seven family courts in Mumbai.
Mumbai now has seven family courts, and the state government of Maharashtra is working towards setting up more. Divorces are one of the leading causes of discord within society, so it is vital that court proceedings focus on non-adversarial methods of conflict resolution that promote conciliation.
Family courts provide much more than merely divorce hearings – they also deal with maintenance and alimony matters, counseling unhappy couples before issuing a decree for divorce – helping avoid drama and conflict in both parties’ lives as well as children’s lives. Mumbai alone currently has over 5,000 divorce petitions filed, according to estimates.
While these cases are being processed, many women are struggling to provide for their families. A judge at Bandra family court, Swati Chauhan, noticed many mothers brought infants into court as she became concerned that these infants weren’t receiving enough nutrition due to the stressful divorce process. So she inaugurated a lactation room.
She wanted to create an environment in which women could breastfeed comfortably and safely while simultaneously feeding their babies. Many have applauded the judge’s decision; even a small gesture such as this goes a long way in supporting these women and their families.
The Bombay High Court has ordered the state government to take steps towards the establishment of family courts in each district. Justices Anil K Menon and Makarand S Karnik heard an application filed by businessman Tushar Gupta alleging there is a severe shortage of family courts across Maharashtra despite Family Courts Act providing for at least one family court for each city with over 1 million people.
The court has directed the state to provide land for family courts and to equip them with all necessary amenities. Furthermore, it has asked them for details regarding how many judges and staff will be necessary in each family court.
There are 41 family courts in Maharashtra.
Family courts aim to facilitate swift resolutions of family-related disputes while encouraging conciliation, as well as first suggest counseling to couples contemplating divorce. Unfortunately, however, the system is not without flaws: couples frequently file frivolous applications that lead to unnecessary litigation and prolong cases – this ultimately harms children and their families who must wait months or years to finally see justice done in these matters.
Many women’s associations, welfare organizations and individuals recently exerted pressure on the government to establish family courts across the nation. Divorce proceedings can be long and stressful affairs that lead to financial challenges for all involved parties as well as emotional trauma for both individuals and their children.
Importantly, family courts take a different approach than other courts. Their judges are specially trained and possess an extra sense of empathy toward both parties in a divorce case; additionally they must consider the well-being of children involved as well as equitable distribution of assets compared with courts that focus more heavily on financial compensation or property restitution.
Recently, a division bench of the Bombay High Court comprising Justice Anil Menon and Makarand Karnik issued an order compelling Maharashtra’s state government to allot land for family courts in each district across its borders. They were hearing businessman Tushar Gupta’s 2021 PIL alleging that, despite requirements set out in Family Courts Act which stipulate that one court per city with populations exceeding one million; there remains an acute shortage.
Maharashtra government has decided to increase the number of family courts, with 14 more to be set up in Mumbai alone and one each for Thane and Navi Mumbai. Deputy Chief Minister Devendra Fadnavis made this announcement in the legislative assembly after Shiv Sena MLAs Vilas Potnis, Sunil Shinde and Sachin Ahir raised concern over an increasing backlog of divorce cases before its family courts.
There are ten family courts in Thane.
Family Court in Thane made history when they granted divorce within 30 minutes to a senior couple seeking mutual separation, for which the petition was initially submitted in August 2018. After hearing that their issues could be addressed through counselling services instead, a verdict was rendered that stated this could help prevent future litigation proceedings between them.
A division bench of the Bombay High Court has ordered Maharashtra government to establish more family courts across its state, following Tushar Gupta’s petition that stated there is an insufficient supply despite Family Court Act mandated one for cities with populations over one million.
Maharashtra government has already pledged to open 14 more family courts in Mumbai in order to reduce pendency of divorce cases and expand capacity of existing family courts in both Mumbai and Thane – expanding the total to 41 in total across Maharashtra state.
Maharashtra offers family courts as well as district and sessions courts, each handling cases related to divorce, child custody, maintenance payments and alimony payments. Family court judges must first suggest counseling sessions when hearing cases related to ending marriages.
Courts are required to make sure that all parties understand their rights and obligations in such cases, in order to reduce litigation time and costs. Unfortunately, courts must manage thousands of such cases each year, meaning that judges have to work overtime just to make sure hearings take place on time – this may cause issues for those hoping to resolve matters quickly; some cases may require lengthy arguments or appeals before being decided – meaning delays in attaining divorce can become frustratingly long for many families.
