Today(on 6th April),Justice Hima Kohli, leading the Supreme Court’s family court committee, urged legislative reforms for wider jurisdiction and improved efficiency during her keynote at a regional conference on family court matters.
Thank you for reading this post, don't forget to subscribe!
DEHRADUN: Today(on 6th April),Justice Hima Kohli, the head of the Supreme Court’s committee for family court matters, delivered a keynote address at a two-day regional conference for the northern zone on family court matters. In her speech, Justice Kohli emphasized the need for legislative amendments to expand the jurisdiction of family courts and enhance their efficacy in the smooth and effective disposal of cases.
Justice Kohli acknowledged that while the Family Courts Act, which was established in 1984, is comprehensive, it does have limitations that contribute to the inefficacy of family courts. One glaring limitation is the act’s silence on granting injunctions against domestic violence.
Justice Kohli noted-
“The gap was partially addressed by the Protection of Women From Domestic Violence Act, 2005, but jurisdictional challenges persist.”
To overcome these challenges, Justice Kohli emphasized the significance of interpreting the Family Courts Act comprehensively alongside other statutes like the Code of Civil Procedure (CPC) and the Indian Evidence Act. Additionally, she emphasized the absence of authority for family courts to handle contempt cases as another limitation requiring attention.
The original intent behind the establishment of the Family Courts Act was to have women judges preside over these courts, following strong advocacy by women’s groups and welfare organizations for upholding societal welfare and the dignity of women. However, Justice Kohli lamented that this intention is yet to be fully realized in many courts.
Justice Kohli emphasized the need for legislative amendments to address various obstacles affecting the efficiency of family courts. These include the absence of uniform procedural rules nationwide and inadequate coordination between family courts, women’s organizations, and non-governmental organizations (NGOs).
Justice Kohli emphasized the delicate nature of cases handled by family courts, highlighting their responsibility to prioritize the emotional, financial, and psychological well-being of all parties involved, particularly the most vulnerable member of the family—the child.
ALSO READ: Justice Hima Kohli Advocates for Gender Diversity in Leadership and Arbitration Roles
The regional conference for the northern zone on family court matters, hosted by the Uttarakhand High Court under the aegis of the Supreme Court’s committee for family court matters, has attracted the participation of justices and lawyers from several states and union territories. These include Delhi, Haryana, Punjab, Himachal Pradesh, Jammu and Kashmir, Ladakh, Uttar Pradesh, and Uttarakhand. The event, which commenced on Saturday, will conclude on Sunday.
