9 years on, UT to get Family Court, notification issued

After a delay of over nine years, the process for setting up a family court in Chandigarh District Court has finally begun. The Chandigarh Administration has issued a notification in this regard. The Central Government had mandated establishment of a family court in Chandigarh by 2015 in accordance with the Family Courts Act, 1984, for swift settlement of disputes related to marriage and family affairs.

But due to various reasons the family court could not see the light of the day.

The Act makes it mandatory for the state governments to set up a family court for every area with a population exceeding 1 million.

Though marriage-related cases have been assigned to an Additional Sessions Judge presently in the District Court, the increasing cases related with marriages have necessitated the requirement of a designated Family Court as per the Act with all facilities and supporting staff.

The Family Courts Act was enacted on September 14, 1984 to provide for establishment of the family courts with a view to promoting conciliation in and secure speedy settlement of disputes relating to marriage and family affairs.

The matters, which are to be dealt in the Family Court are matrimonial cases maintenance and alimony of spouses, custody and guardianship of children settlement of spousal property, nullity of marriage, judicial separation, divorce, restitution of conjugal rights, declaration as to the validity of marriage and matrimonial status of the person.

As per the notification, Principal Judge or Additional Principal Judge will be appointed in the family court.

A provision has also been made for the seeking the help of the Social Welfare Organisations .The organisations will help in promoting conciliation and in securing speedy settlement of the disputes.

They will be entitled to get lump sum fee for each case or proceeding in addition to the normal travelling allowance. Twelve posts of employees have been mentioned to be appointed in the Family Court. They include Superintendent, Reader, Stenographers, Senior Assistant, Translator, clerk Alhmad, copy clerks, etc.

The notification provides for a counseling centre attached with the Family Court. Counseling centres shall be located on the family court premises and or such other place as the High Court may direct. The centre will be provided with the supporting staff as determined by the High Court. The panel of the counsellors shall be determined by the High Court for its day-to-day functioning. A panel of the counsellors shall be approved for a term of three years. Their term will be extended by the High Court from time to time on the recommendation of the Principal Judge of Family Court. A counsellor will be paid honorarium of Rs 1,200 per sitting for every case.

Advocate Anil Malhotra said huge pendency of cases aggravate the suffering of families facing the matrimonial disputes. The notification is step in right direction. Now, the authorities concerned must ensure that the functioning of family court starts in District Court without further delay, he added.