Legislative amendments needed to expand jurisdiction of family courts: Justice Hima Kohli

Justice Hima Kohli, who heads the Supreme Court's committee for family court matters, on Saturday suggested legislative amendments to expand the jurisdiction of family courts and enhance their efficacy for smooth and effective disposal of cases.

In her keynote address at a two-day regional conference for northern zone on family court matters, Justice Kohli said the Family Courts Act which came into being in 1984 is comprehensive but it has its limitations which contribute to the inefficacy of family courts.

A significant limitation of the Act is its silence on granting injunctions against domestic violence, she said.

''The gap was partially addressed by the Protection of Women From Domestic Violence Act, 2005 but jurisdictional challenges persist,'' Justice Kohli said.

It necessitates a holistic interpretation of the Family Courts Act in conjunction with other statutes such as the CPC and the Evidence Act, Justice Kohli said.

The lack of authority of family courts in dealing with contempt cases is another limitation, she said.

The intention of the Family Courts Act, which came about following strong advocacy by women's groups and welfare organisations for upholding societal welfare and dignity of women, was to man them by women judges but it is yet to happen in many courts, Kohli said.

A lack of uniform procedural rules across family courts in all states and a lack of coordination with women's organizations and NGOs are other restricting factors, she said.

''However, legislative amendments will help address the jurisdictional challenges affecting the working of family courts,'' she said.

Family courts deal with delicate issues involving families, she said.

''Their mandate is not only to adjudicate but to do so in a manner that prioritises emotional, financial and psychological well-being of all involved, above all the most vulnerable member of the family, that is a child,'' she said.

The northern zonal conference is being hosted by the Uttarakhand High Court under the aegis of the Supreme Court's committee for family court matters.

Justices and lawyers of several states and Union territories, including Delhi, Haryana, Punjab, Himachal Pradesh, Jammu and Kashmir, Ladakh, Uttar Pradesh and Uttarakhand, are participating in the event which will conclude on Sunday.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)