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Archive for August 6, 2010

RTI – Law Ministry Karnataka Family Court Information

RTI MATTER – URGENT

Dt.06/08/2010/Bangalore

To,

PA/Secretary to Law Minister of Karnataka,

Office of the Honorable Law Minister of Karnataka,

Ministry for Law & Parliamentry Affairs
#327, Vidhan soudha, Bangalore-560001

Sub: Request for information under Right to information act–2005

Enclosed a Postal Order no:                   of Rs. 10/- in favour of the Accounts officer, Government of Karnataka

Dear Sir,

I am P Suresh, a resident of Bangalore City. Provide me the following information’s regarding Family Court, Bangalore:

A)   Is it true that your ministry is receiving petitions from large number of citizens and various NGOs to start Morning/Evening/Holiday shifts in Bangalore Family Court due to huge pendency and slow disposal of cases?

B)   What is the status/stage of the above proposal?

C)   If answer to above question is YES then please tell me when Morning/Evening/Holiday shifts will be started in Bangalore Family Court.

D)   Please provide me the pending Child Custody cases in Bangalore, Family Court as on today.

E)    Please provide me the pending MC (Divorce) cases in Bangalore, Family Court as on today.

F)    Please provide me the pending C.Mis. (CrPC 125) cases in Bangalore, Family Court as on today.

Thanking you sir,

Yours truly,

P SURESH,

XXXXXXXXXXX

XXXXXXXXXXX

XXXXXXXXXXX

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Categories: RTI

NFHS Thanks Law Minister-KA for proactive steps for Family Court Reforms

NHFS/060810/1                                                                                  06th August 2010 / Bangalore

To,

Honorable Law Minister of Karnataka,

Ministry for Law & Parliamentry Affairs
#327, Vidhan soudha, Bangalore-560001

Subject: Regarding Functioning of Family Court, Bangalore in Evening/Morning/Holiday Shifts

About National Family Harmony Society®: “National Family Harmony Society® NFHS is a Non Governmental Organization (NGO) promoting the cause of “family harmony” and “gender equality”. It is registered under “The Karnataka Societies Registration Act, 1960” and is based in Bangalore. We have branches in more than 16 states and in abroad too. We have approximately 14500 members all over India. To know more about us please visit http://www.family-harmony.org / http://www.498a.org.in.

Dear Sir,

This is with regard to the article published in “Bangalore Mirror” dated 06th August 2010. The said article is attached herewith for your kind reference.

As per this news Article Government of Karnataka is considering Weekend Courts and Evening Courts to give some relief to the litigants who are unable to attend the court as they are unable to take frequent leave in the office. This is one of the long pending demands of our NGO and we had given numerous petitions to your ministry. 

We sincerely thank you for the efforts taken by your ministry to reform the functioning of the Family Courts in Bangalore. We are happy to record our appreciation and specifically thank to you for the proactive initiatives taken to reforms of Family Court which will save the honor and life of the litigant couples. Though many of our demands are still pending and much needs to be done but we are confident that every single step regarding Family Court reforms will have a direct bearing on the personal lives of the litigants.

We take this opportunity to again express our deep appreciation to you and request to kindly consider our other list of proposals and suggestions apart from “Evening/Holiday/Morning Shifts”:

  • 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.
  • 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” that are driven by “emotional issues” in case of matrimonial issues which are very different from a criminal case.

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

Jai Hind!!

With profound respects,

P Suresh, President,                                      M Mahesh

9880141531                                                 9731569970

National Family Harmony Society                    National Family Harmony Society

Categories: Law minister

http://bangaloremirror.com/article/10/2010080620100806040619678c842aef/Weekend-divorce.html

Law Minister suggests weekend family courts to help techies and working people who cannot attend courts on weekdays; if implemented, it would be a first in the country

 

S Shyam Prasad

 

Posted On Friday, August 06, 2010 at 04:06:19 AM

 
With the hearing on divorce petitions getting adjourned frequently due to the non-attendance of parties, Law Minister S Suresh Kumar has come up with a solution: Weekend family courts.
// // //
“A lot of matrimony cases are pending due to frequent adjournments. Software professionals, who are among the top group of people who file for divorce, find it hard to attend the hearings on weekdays. Weekend courts will help them and other professionals,” said Kumar.

Weekend courts are part of the proposal that includes starting of morning and evening courts for petty cases. “The idea came about during the conference of chief justices in Chennai recently. There are already evening courts functioning there. Shortly, I will be visiting Chennai along with Karnataka State Bar Council and Bar Association representatives on how the evening courts are functioning there,” he said.

FIRST IN INDIA
“New Delhi and Gujarat also have evening courts. If we have weekend courts, it would be the first in India,” says K N Phaneendra, District Judge and director of the Bangalore Mediation Centre, where a large number of divorce cases are referred to by the four family courts functioning in the city.

But there are no statistics on how many techies file for divorce before the courts. “The Law Department is working on it and we will know the exact number in a couple of days. But it need not be seen as a special treatment for software professionals. Everyone will benefit,” says Kumar.

SETTLEMENT RATE HIGH
In the last two years, nearly 4,000 divorce petitions have come up before the courts each year. This, from a low of 1,240 cases in 2004 and 1,860 in 2005. In 2008, the number of cases filed was 3,340. Court officials say there are approximately 10,000 cases pending before the four family courts in Bangalore. But all these are not just divorce cases. They include maintenance, child custody and other cases. The average number of cases filed before the family courts are 28 each working day.

“In the recent years, the inflow has been very high. Around 40 per cent of these cases are referred to the Mediation Centre. A total of 5,094 divorce cases were referred to us by the courts since January 2007 till August 4, 2010. Of these 3,624 cases were settled. The settlement rate of 80.73 per cent is the highest for any kind of case coming to us,” says Phaneendra. However, there is no record of how many of these cases involved techies.

“Working people have to take a full day leave just to come and take note of the next day of hearing. We should immediately adopt the Chennai model. Family court cases have accumulated to nearly 15,000 cases,” says Kumar Jahgirdar of Children’s Rights Initiative for Shared Parenting (CRISP) foundation.

EVENING COURTS
The proposal for evening courts is also under consideration. “Such courts are functioning in some states. We will have to study their pros and cons. If it is convenient for all concerned and if cases can be speedily disposed of, there is no wrong in establishing them,” said Advocates’ Association Bangalore president K N Putte Gowda.

“There is some sort of resistance from advocates for morning and evening courts. If such courts function say from 6 pm to 8 pm, they say it will be inconvenient as they need to be in their chambers to prepare for the following day’s cases. But if only petty cases like traffic violations and others are heard here, even junior advocates can appear,” says Kumar.

He said the large number of pending cases is burdening the judiciary. Three more family courts have been sanctioned for Bangalore.

PENDING CASES
Karnataka High Court: 1,72,302 (till
December 2009)
Metropolitan Courts: 1,83,000
District and lower courts: 11,39,691 (including Metropolitan Courts)
Family Courts: 4
Pending cases: 10,000
New cases: 28 per day

Categories: Other news