On Thursday, the Bombay High Court directed Maharashtra government to take steps for setting up family courts in all districts of the state. A division bench consisting of Justice Anil K Menon and Justice Makarand S Karnik was hearing a Public Interest Litigation filed by businessman Tushar Gupta.
According to the Family Courts Act, at least one family court should be established in each city with a population of one million or more. Unfortunately, the court noted that there was an alarming shortage of family courts throughout the state despite this legal mandate.
District & Sessions Courts
Maharashtra has 29 District & Sessions Courts, each chaired by a District Judge. Their main function is to administer justice on the local level and are subordinate to the High Court and subject to both judicial and administrative control from the state government.
Judges for the state are appointed by the governor after consulting with the chief justice and must have seven years’ practice as a lawyer at bar. Furthermore, they must pass both a written examination and interview conducted by a committee of high court judges before being appointed.
District judges exercise supervisory control over additional and assistant district judges, making decisions on work allocation among them. This gives them a great deal of authority over the judiciary in their area and helps guarantee that courts operate efficiently.
They possess original jurisdiction over certain civil matters such as property disputes, land ownership claims and disputes involving inheritance and taxation. Furthermore, they have appellate jurisdiction over all subordinate courts located within their district.
In addition to district courts, there are other higher jurisdictions that can hear cases on both civil and criminal matters. These include the Court of Civil Judge (Senior Division) for civil disputes and the Court of Chief Judicial Magistrate on criminal cases.
Another important subordinate court is the Court of Judicial Magistrate First Class, commonly referred to as a “Judgement Fees Court”. This court can be found at several taluka stations and serves as an appeals tribunal from district courts.
These courts are staffed with many experienced advocates who have years of experience practicing law. This has made the workload for district judges lighter and made them more efficient in their work.
Online users can learn a great deal about courts and their functions. This includes case status, orders and cause lists as well as mediation information, welfare schemes and free legal aid options. They may also get details on fees such as filing fees, copying costs and whether e-suvidha or Interactive Voice Response System (IVRS) services are offered.
High Court
The High Courts of India are an integral part of India’s legal system. These courts have jurisdiction over Union Territories, States and a combination thereof.
India currently has 25 High Courts, each headed by a Chief Justice responsible for running the proceedings of the court and assigning judges. These Courts have their judicial power granted by President of India through Letters Patent granted to each by that President.
According to the Law Commission, India should have 50 judges per 10 lakh people within 10 years; currently there are 19 judges per 10 lakh people. Unfortunately, India is not on track to meet this target.
For instance, in 2004, Mumbai High Court had 32 sitting judges who each adjudicated around 2,000 cases. At that same time, the National Crime Records Bureau reported there to be 4.8 crore cases pending throughout India.
When there are not enough cases to warrant a permanent bench, circuit benches can be utilized. Judges from these panels sit in certain regions once or twice annually to hear appeals from that region.
However, the number of circuit benches is limited and usually only deal with minor matters. A circuit bench may consist of either one judge or a group of judges.
One of the most striking features of Bombay High Court building is a statue of Goddess of Justice on its battlement. She stands seated on a pedestal, her right hand clasped and head bowed.
This building, measuring 562 feet long by 187 feet wide, was designed by Colonel J.A. Fuller, a British engineer. It was completed in November 1878.
In addition, it houses the Civil Court and Central Administrative Tribunal. Furthermore, many other tribunals fall under the purview of the High Court, such as Industrial Tribunal and Public Work Secretariat.
The Mumbai High Court is a statutory organ of Maharashtra’s Government that adjudicates on civil and criminal cases throughout all districts in the State. With its permanent bench located in Mumbai city and circuit benches located throughout other places around the state, this tribunal can hear cases regardless of location.
Subordinate Civil Courts
Every State has subordinate courts that serve as the lower judiciary, below the High Court. Their jurisdiction, organization and nomenclature may differ slightly between jurisdictions.
These courts are the lower tier of the judiciary system and hear cases on both civil and criminal sides. They handle civil disputes such as property disputes between two or more people, breaches of agreement or contracts, divorce cases and landlord-tenant matters.
They also try criminal matters such as offences under the Indian Penal Code or Criminal Procedure Code and revenue cases like disputes on land tax and revenue. Administrative control over these courts lies with the High Court of the state in which they are situated; decisions they make can be appealed back to that same High Court for resolution.
Maharashtra has a variety of Subordinate Civil Courts that vary according to the type of case being heard. Typically, there are three tiers of civil and criminal courts below the High Court.
In Mumbai alone, there are 59 district and subordinate civil courts that handle cases ranging from minor offenses to complex litigation. Furthermore, four metropolitan session courts serve the entire city of Mumbai – including its surrounding suburbs.
Judges of these courts are appointed by the Governor in consultation with the Chief Justice of the High Court of the state and must possess seven years or more practice as a lawyer at bar. Judges in subordinate courts must adhere to an intense disciplinary policy established by the state government after consultation with the High Court, which includes setting out rules and regulations that must be adhered to at all times.
State High Courts typically exercise supervisory and appellate jurisdiction over all subordinate courts within their jurisdiction, to guarantee that these lower courts remain independent from executive control and remain impartial. Furthermore, the High Court can withdraw any case that has been pending before any subordinate court in a given state if it possesses substantial significance and involves an important question of law.
Counselling Centre
Family courts are courts where family-related matters such as divorces, child custody disputes, adoptions and more are resolved.
According to the Family Courts Act, there should be at least one family court in each city with a population of over one million. Tushar Gupta filed a Public Interest Litigation in the Bombay High Court seeking more family courts be established.
The government was asked to inform the court of any buildings available for family courts. However, when presented with this request by the court, they expressed displeasure with how it had been handled and insisted on infrastructure being provided in accordance with existing laws and rules.
On Friday, Shiv Sena MLCs Vilas Potnis, Sunil Shinde and NCP leader Sachin Ahir raised the issue of lack of family courts in Maharashtra with a written question to the government. According to them, 39 more family courts are needed across the state.
They also inquired about pending divorce petitions in Mumbai and what steps the government was taking to resolve this issue. According to reports, the state plans on opening 14 more family courts in Mumbai so that cases are processed more quickly.
Some centres are providing counselling to litigants facing family related matters as part of the Sukoon project, run by the School of Human Ecology at Tata Institute of Social Sciences in collaboration with Mariwala Health Initiative (MHI).
These centres have become an invaluable asset for litigants. Not only are they free, but they provide a safe space to deal with stress and trauma that can accompany court proceedings.
Sukoon counsellors collaborate with marriage counsellors and court staff to assist litigants cope with the psychological toll of court proceedings. They offer a safe, confidential space for litigants to explore their relationships as well as explore issues of power and gender equity.
SAMPARC, an NGO based in Malavli near Pune, has been running a counselling centre for women in the area since 2007. They offer services like domestic violence awareness programs and legal and educational support to women and their families.
