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Family court awaits judge PDF Print E-mail
(0 Votes)
Written by Times of India   

3,000 Cases Pending; Post Vacant For The Past 2 Months

A T Subramanya

Bangalore: Uma Rao (name changed) has been waiting for custody of her daughter for the past two months. But every time she visits the III Additional Family Court for the hearing, her case is adjourned.

Like Uma, thousands of plaintiffs — battling matrimonial issues and domestic violence or seeking custody, adoption and maintenance — have been turning up at this court regularly, only to hear that the case has been adjourned.

The III Additional Court has not had a judge for nearly two months, and pending cases are piling up. The post has been vacant since June 20, after the previous judge, Radhakrishna Holla, was transferred to the principal chair.

The family court at the complex on Siddaiah Road has three additional courts, apart from the principal chair. Despite this, the pile of pending cases is growing, thanks to staff crunch. Officials say over 3,000 cases are pending at the III Additional Court.

Though the high court has issued a notification, appointing a judge is difficult. “The staff crunch has hampered court office administration. Long absence of judges means we can’t dispose of cases quickly,’’ officials say.

Another problem is only retired judges are appointed to family courts. A senior lawyer explained to The Times of India: “There are few retired judges, and many are unwilling to take up the position. It being a family court, the judge also needs to be more sensitive and humane.’’

This crunch has mounted pressure on the other additional courts, as there are about 12,000 pending cases. According to a Supreme Court ruling, judges cannot have concurrent charges as it might lead to biased verdicts. “There are chances that if a judge is favourable to the plaintiff, he or she may take the case to him for hearing. So concurrent charge cannot be given,’’ lawyers say.

But for plaintiffs whose cases remain unresolved, the wait is just getting longer. “I am waiting for the judgment to take custody of my daughter. But for the past two months, the case is adjourned every time I go for the hearing. I am helpless,’’ says Uma Rao.

toiblr.reporter@timesgroup.com

 



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