Legislative amendments needed to expand jurisdiction of family courts: Justice Hima Kohli
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 organisations and NGOs are other restricting factors, she said.
«However, legislative amendments will help address the
