In a landmark directive aimed at making family courts more accessible and less burdensome for litigants, the Madras High Court has criticized the rigid practices that currently dominate family court procedures. Justice V. Lakshminarayanan, addressing concerns about the inconvenience faced by individuals in family disputes, emphasized that “courts are for litigants and litigants are not for courts.”
This statement came as part of a broader initiative to overhaul how family courts operate across the state. Recognizing the hardships endured by litigants who are often compelled to attend numerous hearings in person, Justice Lakshminarayanan has introduced a series of guidelines that encourage the adoption of virtual hearings and reduce unnecessary personal appearances.
The Justice highlighted several issues, including the significant stress caused by insisting on personal appearances for trivial matters such as making copy applications and the problems posed by the lack of representation through lawyers or power of attorneys. Such practices, he noted, not only add to the emotional and financial strain on the parties involved but also lead to inefficiencies within the judicial process.
Currently, Chennai alone houses eight family courts, with daily foot traffic ranging from 800 to 1,500 litigants, leading to severe overcrowding. This scenario prompted the need for reform, especially considering the Family Courts Act of 1984, which was originally enacted to simplify procedures and expedite the resolution of matrimonial disputes. Section 13 of the Act, which restricts parties from being represented by an advocate without explicit permission, aims to prevent proceedings from becoming adversarial. However, Justice Lakshminarayanan pointed out that this does not completely prohibit legal representation but rather regulates it to streamline the legal process.
In his ruling, Justice Lakshminarayanan stressed the importance of allowing legal representation for those who may not be familiar with legal formalities, irrespective of their educational or social standing. He also called for a more humane approach to handling the personal circumstances of litigants, acknowledging that not all individuals can feasibly attend court sessions due to professional, health, or personal commitments.
The judge’s directives aim to transform family courts into institutions that truly serve the needs of the people, respecting their time and personal situations while facilitating a smoother judicial process. This change is expected to significantly reduce the physical, emotional, and financial toll on individuals navigating the challenges of family court, ultimately leading to faster and more efficient dispute resolution.
