Home > Judges > NFHS demands 6 additional family courts in Bangalore to CJ-K

NFHS demands 6 additional family courts in Bangalore to CJ-K

Memorandum regarding in-ordinate delays in Family Court’s in disposing cases

Submitted to

Hon’ble Chief Justice of Karnataka
High Court Buildings, High Court of Karnataka, Bangalore.

 

Dear Sir,

We are part of the “National Family Harmony Society” which consists of patriotic litigants before Family Courts in Karnataka. We have been spearheading a movement against the Legal Weapons of Family Destruction and fighting against Misuse, and abuse of family laws and judicial system in all its forms and Manifestations.

We beseech you to save the valuable lives of young spouses who approach Family Court, Bangalore for judicial relief lest the faith we repose in the judiciary is lost. Your personal and valuable intervention in setting right the gross injustice being done in the matters of matrimonial conflict will go a long way in the history of Judiciary and saving the institution of FAMILY.

After the enactment of the Family Courts Act, 1984, Family Courts have been set up in Karnataka with the ostensible object of saving the institution of Marriage and resolving Matrimonial Discord in a speedy manner.

We are constrained to bring to your notice that there is inordinate delay in disposal of matters brought before the Family Courts. For all practical purposes, the inordinate delay in the disposal of Matrimonial cases by the Family Courts is causing a great harassment to the spouses. The litigants, instead of getting relief, are being tortured by the system, rules, procedures and the legal fraternity. They are destined to waste their time and the prime of their youth at the corridors of the Family Courts for years together.

As per media reports thousands of cases are pending for disposal in the Family court. A typical case of divorce takes 5-6 years in the trial court then obviously the party who lose case goes to High court then Supreme Court. By the time divorce is granted both the parties are at the verge of dying.

We file child custody application for our “minor” children and by the time the lower court decides the matter and then high court and then Supreme Court, our children becomes “major” are of marriageable age and the “Child Custody” application becomes meaningless. We struggle long years to get some order with regard to the visitation but by the time order is passed our children would have forgotten us.

The only reason we go to court for our cases on “our date” is to get “next date”. We console our-self in the court hall after looking at hundreds of people who are also waiting there only to get “next date”. Only work which our Family Courts are doing is to give “next date”. Even most of the time the arguments which are happening in the court is with regard to what should be the “next date”? Judges are so much overloaded with huge pile up of cases that they are struggling to even give “next date” as both parties normally do high pitch arguments to get “next date” which is suitable to them.

Following are some of the adverse effects of such excessive delays in the disposal of cases by the Family Courts of Karnataka:

  • The Youth and vigor of Young Women and Men are lost by the time the Family Court renders it decision – be it Just or Unjust.
  • The family Court cannot restore the Youth and Vigor of the Young citizens/spouses nor compensate for their loss of youth.
  • Statutory mandate of law for disposal of cases by 6 months and day to day hearing is not at all followed by the Family Courts
  • Fathers are denied custody as a rule rather than an exception. If at all visitation is ordered to the fathers it is limited to 30 min and 1 hour in a month contrary to the requirement of UN resolution that no Child should be denied access to either of the parents
  • By the time (nay years, nay decades,) our Courts render Justice or injustice, the women and men who are forced to seek justice lose their Youth and Vigor in the best part of their life which no Court can restore.
  • Due to repeated adjournments of the cases, litigants are forced to take leave frequently often from the office and are on the verge of losing their jobs.
  • Due to in-ordinate delay litigants are wasting the prime of the youth in running around the court corridors rather than for any productive work.

 

Honestly concerned about the draconian methods of implementation of the family-related laws, lack of credentials of implementing agencies and monitoring Courts, and the Tsunamic effect it has on families, we have embarked upon a “Dharmayudh” to save the traditional Indian Family system from extinction.

In order to alleviate the sufferings of the litigants of family courts, we wish to present the following list of proposals and suggestions to your kind self:

  • Additional 6 more family courts in addition to the existing 4 family courts should be opened without any further delay to cope up with the huge pendency.
  • The Family Courts shall ensure that all matrimonial cases be disposed within a period of Six months.
  • The Family Courts to officially suspend the practice of summer vacation to the benches till the time limit of Six months is met.
  • The Family Courts to officially state that no new cases to be taken till the old ones are disposed.
  • All long-pending (one year and above) cases should be transferred to the Fast Track Courts to dispose of within a time limit.
  • Induct more judges and extend the court timings to late evenings.
  • Family courts should start an evening shift in addition to the regular day shift.
  • Due to the heavy pendency of the cases Family Courts should operate on Sundays also with additional judges.
  • Family Court records must be computerized so that old cases can be disposed on a priority basis and cases can be tracked scientifically.
  • As there are overload on the court on a particular date and less-load on some dates hence the practice of giving dates in the open court must be stopped. Instead dates must be given by the computer section like in Supreme Court or judges should be given computer training and computers must be installed so that dates are given in a scientific way.
  • The tendency of one party to drag the cases to delay the proceeding must be dealt severely with heavy cost and other means.
  • Judges must be sensitized to the fact that they are dealing with the cases involving “Human life” who are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal, property or any other case.

 

We submit that our demands are just and reasonable and in the event of non-implementation of our demands, we would be constrained to go to the streets with Dharnas, Public Fasting and resort to other democratic means of protests.

Please save the family and thereby save our great Nation to retain India a “Vasudeva Kutumbaham”.

Jai Hind!!

With profound respects,

Suresh P                                                                          Mahesh M

President,                                                                        General Secretary

9880141531                                                                     9731569970

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