The family court at Bandra is the only one which has an estimated figure of 10,000 cases pending with it.
To provide speedy justice and clear the backlog of cases pending in the family courts, the Bombay high court has asked them to work extra hours in the morning, evening besides the regular hours (11am to 5.30pm) and also on all holidays.
The high court’s notification states, “In exercise of the powers and by the proviso under articles 309, 227 and 235 of the Constitution of India and section 23 of The Family Courts Act, and of all the other powers enabling him in this, the governor of Maharashtra, in consultation with the high court of Bombay, hereby makes the following rules for family courts’ sittings on holidays and in the morning and evening…”
It adds, “The high court has drafted the ‘Maharashtra Holiday, Morning and Evening Family Court, Rules, which would come into effect after they are published in the official gazette.”
As per the rules, high court can appoint principal judges from family courts to preside over the courts in the morning from 8.30am to 10.30am, in the evening from 6pm to 8pm, and on all holidays, including Sundays and second and fourth Saturdays.
The court may also appoint retired judicial officers or depute judicial officer/s in the cadre of district judge to preside over them. Similarly, any member of existing staff along with a marriage counsellor attached to the court may be appointed as well. The officers will get twice the basic salary; if retired staffers are appointed, it will be twice the basic of their last drawn salary.
Advocate Paresh Desai, a lifetime member of the Bandra family court bar association, said, “I don’t think this will help. On an average, there are 35 cases filed daily at the court. With the morning, evening and holiday courts when will lawyers meet their clients? Normally, we meet our clients in the evening, but if the court is sitting, it won’t be possible. This could lead to further adjournments and delays in cases.”
The family court at Bandra is the only one which has an estimated figure of 10,000 cases pending with it. The family court bar association has 700 lifetime members, of which around 200 visit the court regularly.
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