Pre-legislative consultation process concludes
Number, locations to be decided in consultation with HC
Mohinder Verma
JAMMU, Oct 22: State Administrative Council (SAC) headed by Governor Satya Pal Malik is likely to clear the proposal of the Department of Law, Justice and Parliamentary Affairs regarding establishment of Family Courts in Jammu and Kashmir in its meeting scheduled to be held at Srinagar on October 24, 2018.
Official sources told EXCELSIOR that pre-legislative consultation process, which was set into motion on September 18, 2018 with the placement of draft Jammu and Kashmir Family Courts Bill in the public domain for inviting comments and suggestions, has concluded.
“Very few comments and suggestions have been received from the Government departments, institutions, Bar Associations, stake holders, general public and other entities on the draft bill and the same have been taken care of by the Department of Law, Justice and Parliamentary Affairs”, they said.
The Law Department has submitted the proposal for placement before the State Administrative Council (SAC), which is likely to clear the same in its meeting scheduled to be held on October 24, 2018 (Wednesday) at summer capital of the State.
Following approval by the SAC, the Governor will enact the Jammu and Kashmir Family Courts Act, 2018 in exercise of the powers vested under Proclamation No.P-1/18 of 2018 dated June 20, 2018 and in view of Legislative Assembly remaining in suspended animation.
After enactment of law, the Department of Law, Justice and Parliamentary Affairs in consultation with the High Court will decide the number of Family Courts as well as their location and jurisdiction. Moreover, the Government will determine in consultation with the High Court the number and category of counselors, officers and other employees required to assist the Family Courts in the discharge of their functions, sources informed.
They said that decision to establish Family Courts has been taken keeping in view alarming rise in disputes relating to marriage and family affairs and to ensure speedy disposal of cases besides to decrease burden on the existing courts, which are finding it difficult to deal with the prevailing situation in befitting manner.
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 in and secure settlement of disputes relating to marriage and family affairs and connected matters”, sources said.
As per the draft Jammu and Kashmir Family Courts Bill, the copy of which is available with EXCELSIOR, 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 prescribe with the concurrence of the Chief Justice.
In selection of persons for appointment as Judges, every endeavor shall be made to ensure that persons committed to the need to protect and preserve the institution of marriage and to promote the welfare of children and qualified by reason of their experience and expertise to promote the settlement of disputes by conciliation and counseling are selected and preference shall be given to women, read the draft bill.
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.
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