The Punjab and Haryana High Court has termed the absence of a dedicated Family Court in Chandigarh as a 'serious issue,' directing the UT administration and the Centre to take immediate action.

Key Takeaways

  • The establishment of a family court in Chandigarh has been pending for nearly nine years.
  • The High Court has impleaded the Union of India to ensure compliance.
  • Currently, family disputes are being handled by regular civil courts, causing delays.
  • The petition argues this violates the fundamental right to access justice.

The Punjab and Haryana High Court has issued a stern directive to the Chandigarh Administration to expedite the establishment of a dedicated Family Court. Observing a Public Interest Litigation (PIL), a Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor noted that the lack of such a court is a "serious issue."

The court has also impleaded the Union of India through the Ministry of Law and Justice. The bench has expressed expectation that by the next hearing date on September 2, the respondents will have taken significant steps toward the court's formation.

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Why This Matters

BozokMedia analysis shows that the prolonged absence of specialized judicial infrastructure in a major urban hub like Chandigarh undermines the efficiency of the legal system. Without a Family Court, sensitive matrimonial and domestic disputes are diverted to regular civil courts, leading to procedural bottlenecks and increased emotional distress for litigants.

The right to access justice is a fundamental facet of the right to life and liberty, which is being compromised here.

The PIL, filed through Advocate Kanwar Pahul Singh, highlights that despite High Court approvals dating back to 2017, the process has remained stagnant for nearly a decade. RTI disclosures revealed that a single judicial officer is currently managing multiple sensitive family matters that should ideally be handled by a specialized bench.

Historical Background

Under the Family Courts Act, 1984, Parliament mandated the creation of specialized courts to handle family-related disputes with sensitivity and speed. Furthermore, Article 256 of the Constitution imposes a duty on state and union territories to ensure compliance with central laws. The petitioner alleges that the UT Administration has consistently ignored repeated communications from the High Court regarding the sanctioning of judicial posts and supporting staff.

Did You Know?: While Chandigarh is celebrated as 'The City Beautiful' for its urban planning, its judicial infrastructure for family matters has lagged behind for nearly a decade.

Frequently Asked Questions (FAQs)

1. Why is the absence of a Family Court problematic?
It forces citizens to fight family disputes in regular civil courts, leading to lengthy, impersonal, and complex legal procedures.

2. What action has the High Court taken?
The Court has directed the UT Administration and the Central Government to take adequate steps for the immediate establishment of the court.