Simplification of family court procedures necessary

There are eight family courts in Chennai. They try all cases relating to family disputes, including maintenance proceedings, under Section 125 CrPC (Code of Criminal Procedure), by notifying the family court judge as a Judicial Magistrate under the provisions of CrPC.

When there were only three family courts for speedy disposal of cases, the family courts were made to work on Saturdays and Sundays too. Thereafter, a writ petition in WP No. 30976 of 2014 was filed by a member of the Association and Sundays were declared holidays. As for Saturday, it was decided that only cases of those parties who were willing could be posted on Saturdays and thus, though the family courts functioned on Saturdays, it was a date optionally available for litigants’ convenience. Now, that there are eight family courts, it is not essential to function six days a week. Family courts could also be made to work like the City Civil Courts, for five days a week only.

The Family Courts Act, 1984 (hereinafter referred to as the Act) in its statement of Objects and Reasons have clearly said that the family courts be set up for the settlement of family disputes, where emphasis should be laid on conciliation and achieving socially desirable results and adherence to rigid rules of procedure and evidence should be eliminated. Towards this end the family courts under Section 15 of the Act need not record the evidence of witnesses at length, but the judge, as the examination of each witness proceeds, shall record or cause to be recorded, a memorandum of the substance of what the witness deposes. Section 16 of the Act, permits evidence of formal character to be given by affidavit. The Act also, under Section 10(3), empowers the family court to lay down its own procedure, with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by one party and denied by the other party. Thus the family court, for its effective functioning has been empowered to do the needful for a non-adversarial approach to any litigation.

Whenever a contested litigation is pending before the family court and the parties settle for mutual consent, the pending case is posted after six months, along with the mutual consent petition. On the final date of hearing, the contested case is withdrawn and the mutual consent is allowed, if both parties seek for the same.

In fact, mutual consent petitions are checked and numbered on the very day of their presentation thus far. However, now the family courts in the Chennai take up such petitions for checking and numbering, only after three days. This is a great impediment for litigants who may have to travel long distances and avail leave for coming again to ensure that their papers comply. Further, the family courts insist that pending contested case/s ought to be withdrawn before filing the mutual consent. The clients are forced to enter into a speculative litigious stage if such precedents are in place, as, if one party withdraws the consent, a fresh case has to be filed and it will prolong unnecessarily.

Further, the family courts should also be given the powers to deal with all cases under the Protection of Women Against Domestic Violence Act. Of the eight Family Courts in Chennai, a few can be dedicated to take up issues under the said Act. Simplification of the procedures and integrating all family matters under the same roof are necessary to avoid vexatious and multiple litigations.