Pre-legislative consultation process set into motion
Law likely to be enacted within next few months
Mohinder Verma
JAMMU, Sept 18: Keeping in view alarming rise in disputes relating to marriage and family affairs, the Government has decided to establish Family Courts in the State to ensure speedy disposal of cases and to decrease burden on the existing courts, which are finding it difficult to deal with the prevailing situation in befitting manner.
Official sources told EXCELSIOR that at the Central Government level a law to provide for establishment of Family Courts was enacted in the year 1984 but need of such courts in Jammu and Kashmir was never felt by the successive Governments although the number of cases involving family disputes increased with every passing year.
As the number of cases pending in the courts has started touching alarming level, the Governor’s Administration has felt the need of establishment of Family Courts in the State with a view to promote conciliation and secure settlement of disputes relating to marriage and family affairs and connected matters.
As a part of pre-legislative consultation process, the draft Jammu and Kashmir Family Courts Bill, 2018 has been placed in the public domain for comments and suggestions from the Government departments, institutions, Bar Associations, stake holders, general public and other entities. This process will be completed by September 30, 2018 and thereafter the law will be enacted.
Following enactment of the law by the Governor in exercise of the powers vested under Proclamation No.P-1/18 dated June 20, 2018 and in view of Assembly remaining in suspended animation, the administration in consultation with the High Court will decide the number of Family Courts as well as their jurisdiction. Moreover, the Government will determine in consultation with the High Court the number and category of counsellors, officers and other employees required to assist the Family Courts in the discharge of the functions.
A person shall not be qualified for appointment as Judge of the Family Court unless he or she has for at least seven years held a judicial office in the State or the office of a member of a Tribunal or any post within the State requiring special knowledge of law; has for at least seven years been an advocate of a High Court or possesses such qualifications as the Government may, with the concurrence of the Chief Justice, prescribe.
The Family Courts will deal with a suit or proceeding between the parties to a marriage for a decree of nullity of marriage or restitution of conjugal rights or judicial separation or dissolution of marriage; a suit or proceeding for declaration as to the validity of a marriage or as to the matrimonial status of any person; a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them; a suit or proceeding for an order of injunction in circumstances arising out of a martial relationship; a suit for maintenance and proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.
Moreover, the Family Courts will also exercise the jurisdiction exercisable by a Magistrate of the First Class relating to order for maintenance of wife, children and parents.
“In every suit or proceeding, endeavour shall be made by the Family Court in the first instance to persuade the parties in arriving at a settlement in respect of the subject matter of the suit or proceeding. Moreover, in any suit or proceedings if at any stage it appears to the Family Court that there is a reasonable possibility of a settlement between the parties it may adjourn the proceedings to enable attempts to be made to effect such a settlement”, read the draft bill.
The Family Courts will have the powers to receive as evidence any report, statement, document, information or matter that may, in its opinion, assist it to deal effectively with a dispute whether or not the same would be otherwise relevant or admissible under the J&K Evidence Act, 1977.
An order passed by the Family Court shall be executed in the manner prescribed for the execution by Code of Criminal Procedure. An appeal against the decree or order passed by the Family Court shall be preferred within a period of 30 days, the draft bill further read.
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