Lok Sabha MPs said on Tuesday that more than 11.4 million cases are pending in family courts across the country and called for their speedy disposal.The issue came up during a debate in the Lok Sabha on the Family Courts (Amendment) Bill, 2022, which was tabled by Law Minister Kiren Rijiju. Kaushalendra Kumar of Janata Dal (United) said in the discussion that the backlog of cases in family courts is increasing and is more than 11.4 million. He called for speedy resolution of the cases.B
Hartruhari Mahtab of the Biju Janata Dal also echoed his views and said the government should say what it is doing to settle the pending cases in the family courts.“There are 715 family courts in the country in 26 states and Union Territories…Parliament is supreme in amending laws and giving effect to them, but interpretation will be done by the courts. Which court decides that the application will be retrospective will also be asked,” he said.When such courts are opened, it is not the Centre’s duty to ascertain whether a notification has been made, Mahtab asked.
Sunita Duggal of the Bharatiya Janata Party (BJP) opened the debate and said that more appointments should be made in family courts so that cases are resolved quickly.The Family Courts Act was enacted in 1984 to establish family courts to promote conciliation and ensure speedy resolution of disputes related to marriage and family matters. There are 715 family courts in 26 states and Union territories.Two Family Courts were established in Nagaland in 2008 and three in Himachal Pradesh in 2019 based on notifications issued by the respective state governments.
The issue of lack of jurisdiction of family courts in Himachal Pradesh came to the fore last year in the proceedings of the Himachal Pradesh High Court. Another petition in the Himachal Pradesh High Court said the central government had not issued any notification to extend the Family Court Act to Himachal Pradesh and the state government’s directives to set up such courts were without any legal authority.Also, family courts in Nagaland have been functioning since 2008 without any statutory authority.
The Family Courts (Amendment) Bill seeks to insert a provision in sub-section 3 of section 1 providing for the establishment of family courts in Himachal Pradesh with effect from 15 February 2019 and in Nagaland with effect from 12 September 2008.The Bill also seeks to insert a new Section 3A which would retroactively confirm all measures under the said Act taken by the Governments of Himachal Pradesh and Nagaland and the Family Courts of those States.The establishment of family courts and their functioning falls under the purview of state governments in consultation with the respective High Courts.
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