Chandigarh admn’s 8-year delay in setting up family courts has litigants in a fix

It has been over eight years since the central government mandated establishment of family courts by state governments for swift settlement of disputes related to marriage and family affairs, but the UT administration has yet to act on it.

The Union ministry of law and justice had appointed February 16, 2015, as the date when the Family Courts Act, 1984, will come into force in the Union territory of Chandigarh.

Emphasis on establishment of separate family courts was given in view of burgeoning pendency that was affecting litigants, especially their minor children. It is mandatory for state governments to set up a family court for every area with population exceeding 1 million.

However, not even a single family court has been established in the city, despite a sprawling four-storey District Court Complex in Sector 43 that has 36 judges.

Home to over 12 lakh people, Chandigarh, meanwhile, has a pendency of 1,450 cases under the Hindu Marriage Act, 40 divorce cases of mutual consent, 20 execution cases, 50 appeals and 100 criminal revisions related to family disputes.

“Unlike a civil court, a family court is a forum to promote conciliation and secure speedy settlements of disputes related to marriage and family affairs, including maintenance and guardianship. Such matters are to be taken up and resolved in an atmosphere of reconciliation and understanding with the aid and advice of counsellors,” said Hemant Kumar, an advocate practising at the Punjab and Haryana high court.

An RTI reply, dated December 16, 2022, by joint registrar (rules)-cum-public information officer (PIO) of the high court states, “Since 2017, many letters have been written to the UT home secretary, requesting to issue necessary notification for setting up of one family court in Chandigarh and to convey necessary sanction to the post of judicial officer of the rank of the district and sessions judge, together with supporting staff with their respective pay scales, but the matter remains pending with the UT administration.”

In another RTI reply on July 14, also on Kumar’s application, the superintendent (judicial) for the home secretary stated, “The matter regarding creation of posts for setting up of a family court in Chandigarh is under active consideration of this administration.”

Speaking on this, UT home secretary Nitin Yadav said, “The case for creation of posts for family court was sent to the central government. The government has asked for updated checklist, which was conveyed to the high court. The matter is pending with the court.”

Meanwhile, the sessions judge, who heads the district courts, in April had assigned all family court disputes to the court of additional district judge Jagdeep Sood. But this is too little too late, as hundreds continue to await justice.

Another HC lawyer Anil Malhotra said a room had been allocated for family court in the District Court Complex. “But it is just a room, which is yet to be empowered. Even the court deputed to listen to family matters is a farce and an act to befool people because the judge sitting inside is not a family court judge.”

The advocate said during and after the Covid-19 pandemic, there had been a spurt in marital dispute and child custody cases. “With no family court to turn to, litigants approached the high court, filing habeas corpus writs for child custody and alternate revision/appellate petitions in other matrimonial matters. But the already overburdened single benches found little time for them, rightly preferring bail matters,” he added.