Family courts provide guidance and representation for issues related to divorce, custody and support matters as well as counseling sessions for couples going through separation or divorce proceedings.
Families seeking mediation often come up against many challenges when trying to settle disputes without litigation or confrontation, yet still seek help.
The number of family courts in Maharashtra
Family courts are special tribunals established to address legal matters between married couples. Their main goal is to facilitate conciliation and find speedy solutions to marital conflicts, order alimony payments and provide other forms of family support payments as needed. Family courts are overseen by judges with extensive training in family law as well as support staff such as family prosecutors and counselors – however due to an increasing number of divorce and family-related disputes these courts have become overcrowded, leading to long waiting times for justice seekers seeking it from them.
Bombay High Court recently delivered an impugned report against Maharashtra government’s indecision over setting up family courts in Maharashtra. This verdict came during hearings for Public Interest Litigation filed by businessman Tushar Gupta under Family Courts Act which states at least one family court should be opened in cities with over one million population by 2020 and that adequate infrastructure be put in place to house such courts.
Family courts in India are set up by state governments in consultation with their high courts and are funded 50:50 between the central government and state governments. Their purpose is to resolve legal disputes among family members regarding matters like marriage, adoption, child custody and property settlement.
Indian family courts have steadily increased over time. While this increase in family courts may seem disappointingly modest, various improvements have been implemented to improve their efficiency – including decreasing case processing times, optimizing technology use and providing training to judges and lawyers. Unfortunately, however, performance remains far below expectation in most instances.
Maharashtra state government is actively improving family courts throughout Maharashtra. Devendra Fadnavis, the Deputy Chief Minister, recently announced 14 new family courts being built in Mumbai alone as well as one each in Thane and Navi Mumbai; these new courts should help reduce backlog and provide better services to those needing family court help.
Thane Family Court
Maharashtra government’s announcement of 14 additional family courts across Mumbai, Thane and Navi Mumbai is welcome news. Family courts deal with sensitive matters that often stir emotions to an extreme degree and lead to drawn-out litigation proceedings. Due to an influx of cases into an already overloaded court system, more judges were needed – this move will decrease waiting time for divorce hearings as well as improve quality family justice in Maharashtra.
One 45-year-old Thane resident living with Cerebral Palsy found relief when her husband agreed to end their marriage following a special drive that cleared away 1,450 pending petitions for divorce. In July 2019, her petition for dissolution was granted by court and she could move abroad for better treatment.
But this case stands out. A couple living separately had engaged in a legal battle over maintenance, custody and more for over a decade – often traveling all the way from south Bombay to Thane for every hearing and feeling exhausted from such extensive litigation. After consulting the National Lok Adalat they considered mutual divorce as a possible resolution.
After initially resisting court orders, the couple ultimately submitted to them and filed a request to withdraw the maintenance petition. Their counsel noted that the amount deposited with court was sufficient to cover their daily expenses; consequently, the court agreed and directed him to clear any arrears of maintenance payments with interest immediately.
The court also made clear that, should the petitioner fail to pay maintenance, their assets would be confiscated and restored back into order. Furthermore, it noted that no acts of cruelty or neglect had been committed by her and she had not engaged in any petty criminality such as beggaring for money or any other petty criminality. Her husband managed to flee shortly thereafter with an expired passport; and as yet hasn’t returned.
Mumbai Family Courts
Family courts were created by the Government under Section 3 of the Family Court Act 1984 to promote conciliation and mediation of issues pertaining to marriage and other family-related disputes. They serve as one level above District Courts but one step below High Courts; their judges are appointed by State governments in coordination with High Court judges according to specific qualifications; these courts can have one or multiple judges subject to both civil and criminal jurisdiction. Alongside providing for conciliation and mediation services, these family courts also provide comfortable environments where children can meet with non-custodial parents without feeling threatened or uncomfortable when entering adult courts; children can meet them directly in person in an unaflight environment.
Mumbai’s only family court is overrun with divorce applications and other family disputes, such as domestic violence, adultery and dowry cases. Alimony, child custody and maintenance cases also appear frequently at this court; counseling sessions may even be offered before issuing divorce orders.
However, family courts frequently become bogged down with frivolous filings and counter-filings that bog down case processes due to complex nature of family law as well as sociocultural factors like patriarchy and gender discrimination. To reduce delays the court has instituted 14 additional family courts within its city limits, as well as opening an 11-story building specifically dedicated to them; additionally they now offer counselling and mediation services for families seeking assistance.
Though steps have been taken to decrease backlog, several challenges remain. A recent Right to Information query showed 5,000 family court cases were pending but only seven family court judges exist – an oversight, given how busy Mumbai can be!
Long delays in court proceedings have resulted in lawyers employing delaying tactics to prolong proceedings, further decreasing efficiency of the court. One way of improving its efficiency would be for family judges to terminate lawyers who use unnecessary adjournments as an attempt to delay cases, effectively freeing the court from being held hostage by few disgruntled lawyers.
Other Family Courts in Maharashtra
Under the Family Court Act of 1984, state governments should create at least one family court in each city with over one million inhabitants. According to this Act, family courts should be staffed with judges, lawyers and marriage counselors for amicable dispute resolution as well as financial aid to divorced spouses or members of their family who need financial help after going through a separation or divorce.
Family courts face many difficulties, including an enormous backlog of cases and lack of awareness regarding its benefits. Furthermore, social forces such as patriarchy and gender discrimination can influence how the courts handle cases; consequently taking up to 10 years just for simple ones!
Family courts address an array of sensitive legal matters, from divorce cases and child custody agreements to maintenance payments and maintenance agreements. Family courts frequently witness emotionally charged scenes which lead to intense feelings such as anger, guilt relief and joy; additionally they try to help couples navigate this challenging period by providing counseling sessions and drafting custody agreements.
Recently, the government has initiated a project to establish five new family courts in Pune, Mumbai, Nagpur, Satara and Nashik in order to improve justice delivery by decreasing court delays while simultaneously increasing protection officer numbers.
According to the Family Law Act, all judges of family courts must uphold their obligation of protecting and preserving marriages while encouraging conciliation and settlement of disputes through counselling or conciliation. They should adhere to a principle aimed at maximizing society welfare while respecting women’s dignity; additionally, this act gives High Courts power to make rules regarding additional qualifications for appointment of judges of family courts as well as their procedure.
Under the Act, courts must also appoint and pay an expert panel, including psychiatrists, psychologists and social workers from state revenue, which will include fees and expenses (including travelling expenses) out of revenue from state. This panel may include medical professionals such as doctors or psychologists.
