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This is an archive article published on October 30, 2011

Family courts to function for more hours,on Sundays too

This is the first time that the family court will be functioning other than during normal working hours of 10am to 5pm.

With the aim of improving justice delivery system,the family courts are now expected to function in the morning or evening other than normal working hours and also on all holidays except the Republic Day,Independence Day and Gandhi Jayanti. This is the first time that the family court will be functioning other than during normal working hours of 10am to 5pm.

This is part of the initiatives for improvement of justice delivery system,the first being increasing number of court working hours,using existing infrastructure by holding morning or evening or shift court,states the new draft rules. As part of an initiative of the Department of Justice,the Bombay High Court has drafted the ‘Maharashtra Holiday,Morning and Evening Family Court,Rules,2011’,which would come into effect after it is published in the official gazette.

According to the new rules,all family courts must hold sitting of morning courts from 8.30am to 10.30am,sitting of evening courts from 6pm to 8pm and must also function on all holidays including Sundays and second and fourth Saturdays.

Besides,the principal district judge of the respective districts shall depute a judicial officer or officers in the cadre of district judge to preside over the holiday,morning or evening family court. Similarly,principal judge of the family court may appoint judges to preside over the holiday,morning and evening courts established in district family courts. The new rules also specify that any member of existing staff along with a marriage counselor attached to the court may be appointed to work in these three courts.

The holiday,morning or evening courts may typically hear suits that are in post-counseling stage,divorce petitions filed by mutual consent,maintenance petitions,applications or proceedings in relation to guardianship of the child. The rules also detail remuneration to be paid to judicial officer presiding over the holiday and morning or evening courts. The Pune district family court has received a copy of the draft rules. According to a judicial officer,the Pune court plans to reply that the concept will work only when specialised cases are assigned to these three courts.

A detailed reply is expected to be sent to the Bombay HC after the court reopens next month.


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