Family courts often deal with difficult, emotional and psychological matters that have an escalating nature, leading many cases into protracted litigations.
Couples sometimes file frivolous applications or counter-applications which lead to further filings, taking up precious court time.
Therefore, the Bombay High Court has strongly advised the state government to establish additional Family courts.
How many family courts are there in Maharashtra?
Mumbai currently hosts seven family courts, and its state government is working toward setting up more. These courts handle issues related to marriage and divorce including custody, maintenance payments and alimony payments; in addition, counseling sessions help unhappy couples reconcile and avoid drama in their relationships.
The court system is also working towards shortening case outcomes by expediting trials held in special fast-track courts or increasing the number of judges available to handle more cases.
State Cabinet approved a proposal for four more family courts in Pune, which will be funded with Rs 4.5 crore and employ 54 additional staff members. The state aims to ensure every district has at least one family court so as to quickly resolve marital disputes.
What are family courts?
Family courts are courts that specialize in matters pertaining to divorce, child custody and other family related issues. Their procedures depend on state and local law; procedures may differ depending on which jurisdiction the case comes from.
Family court judges play an essential role in family cases and may issue orders that detail their decisions, which can then be appealed against or modified as appropriate. They may also assist with establishing parentage – this involves identifying legal parents of a child through DNA testing or signing an acknowledgement of parentage agreement form.
People involved in contested proceedings for custody issues or orders of protection may qualify for a free family court attorney to help file paperwork, attend court appearances and prepare for trial. Furthermore, these attorneys can offer resources that may make the experience less stressful overall and assist with mediation proceedings should neither party reach an agreement by themselves.
How do family courts work?
Family courts specialize in handling domestic disputes such as divorce and custody battles, and oversee requests for guardianship or financial support of children.
If a party is dissatisfied with a decision, they have the ability to appeal. To do this, they must file an objection in family court. A judge will review and reevaluate all available evidence before issuing their ruling – either affirming, modifying or overruling it as appropriate.
Dependent upon their particular case, couples can save money by seeking mediation as opposed to going straight to court for their dispute. Furthermore, legal fees can be minimized by selecting a lawyer with rates based on income or flat fees for specific types of cases.
The government is working hard to expand family court capacity in cities with over one million people and increase access to alternate dispute resolution methods like mediation for couples who prefer not going the legal route when it comes to conflict resolution – these options may prove less costly and more satisfying for all involved parties involved.
What are the challenges faced by family courts?
Family court judges should follow a non-adversarial approach in resolving disputes and encouraging conciliation, before suggesting counseling sessions to dissatisfied couples before proceeding with cases. Unfortunately, however, this process often doesn’t go smoothly enough.
Counsellors at family courts face many difficulties, such as high caseloads; lack of a gender-sensitive framework and interference from other members of the judicial system. To address these challenges, the government is working towards increasing counseling centers associated with family courts as well as increasing counsellor numbers.
However, these courts lack sufficient judges. Since October 2022 at Bandra family court three out of eight courtrooms remain empty due to non-appointment of judges despite pleas from litigants and advocates for justice being rendered therein. Therefore it is high time that state government appoint judges onto this bench – many people need justice in these courts so it must be addressed immediately.
