The family court was set up to make quick decisions when family issues turned to litigation. There are currently 28 Family Courts in various districts. Given the large number of cases in the state, more courts should be opened. It is learned that 1.4 lakh cases are pending in various family courts. The proliferation of cases is paralyzing family courts. The parties are too tired. The
depressed faces of those waiting on and around the court porch awaiting the verdict in their cases are a painful sight for everyone.
The guidelines issued by the high court recently, while considering a series of petitions seeking directions for speedy disposal of cases filed in the family courts, are likely to speed up the proceedings to some extent. One of the important guidelines of the high court division bench is to change the present system in which the judge directly handles all matters related to the case. It has been suggested that the task of completing the preliminary proceedings of the cases should be entrusted to a specially appointed officer. This officer should also be entrusted with the task of preparing a list of cases to be considered daily. This system will help reduce the workload of family court judges. It takes a lot of time for the court to hear and adjourn cases on a daily basis. Judges should not take more than ten cases a day for counselling. The suggestion that action should be taken to pay alimony through bank account in cases in which judgements are passed will definitely resolve the disputes related to this. Part of the cases before family courts are related to such disputes. Adalats can be organized in collaboration with the District Legal Authority every three months to settle a number of pending cases. Bilateral reconciliation should also be encouraged. It has been ordered that the guidelines issued by the high court should be implemented from June 1.
Kerala is becoming the state with the highest number of cases that are handled by family courts, including divorce cases. Disorders in family relationships lead to unresolved disputes and lawsuits. The weakening of family ties is a major problem faced by the younger generation. In the past, joint families had the facilities to sort out family problems and conflicts. The birth of nuclear families changed all that. Although buying and giving dowry is against the law, the dowry system seems to be active in the marriage market in various forms. A good percentage of divorce cases may be related to this.
It is a good thing that the High Court has finally felt the need for an intervention in the running of family courts.