Regional Training Programme for Sensitization of Family Court Judges held on 21st and 22nd September 2019 at Judicial Academy Jharkhand, Ranchi. Supreme Court Judges Justice R Banumathi and Justice Indira Banerjee, Chief Justice of Delhi High Court Justice DN Patel, Acting Chief Justice of Jharkhand High Court HC Mishra, HC Judge Justice Aparesh Kumar Singh and Justice S Chandrasekhar along with judges of eastern and northern India took part in the program.
SC Judge Justice NV Ramana spoke about the suggestions for improving the performance of the family court. Now a day’s family matters like 498A, divorce, maintenance, child custody, domestic violence etc are rising day by day and the disturbance in the family life twist the growth of the family and in these all problems it is the child who suffers the most. Moreover, the society also gets affected as it cripples the development of society.
While speaking on “Regional Training Programme For Sensitization Of Family Court Judges” Justice Ramana proposed 37 proposals in different fields like legislation, investigation, prosecution and most important on working of family Court.
Suggestions for Legislative:
- Family Court should be given jurisdiction to deal with offenses against women relating to marriage (Chapter 20 IPC), cruelty by husband or relatives of husband (Chapter 20A IPC).
- Dowry Prohibition Act and section 498A of IPC requires review as these are the most misused provisions.
- An absolute domestic law needs to be enacted further.
- The requirement of more scientific measures to get away with maternity and paternity disputes.
- The summary procedure should be made compulsory in family Courts.
- Avoidance of delay in realization of maintenance of deserted wives and children.
Suggestion for Investigative Machinery:
- Establishment of women courts exclusively for trying offence against women.
Suggestions for improving the working of Family Court:
- Family Court should be liberal in its procedure to arrive at a settlement.
- The State Government in consultation with High Courts should make unambiguous rules for the appointment of counselors, psychiatrists, and expert to assist the family Court.
- The proceedings of the Family Court should under the camera to help parties resolve their disputes in a free atmosphere.
While addressing, Justice R Banumati stated that in a dispute of 498A the immediate arrest of family members prevents the reconciliation between the parties. The Police are required to undergo reorientation programmes.
It is clear that setting up the improvements for the family Court is a dynamic step as far as the disposing off cases is concerned. Moreover, the lack of uniformity of rules in different states also leads to confusions in its application and execution. Mere passing of central legislation is not enough; uniformity of rules should be there. Some laws required to be examined according to the changing scenario of the society. These few steps if examined and implemented in a fair manner, then the working of the family court shall be successful to some extent.