IN A RECENT RTI REPLY, UT HOME DEPARTMENT ADMITTED THAT MATTER STILL UNDER CONSIDERATION AND HAS NOT ATTAINED FINALITY, HOWEVER, NINE MONTHS AGO IN MAY, 2024 CHANDIGARH FAMILY COURT RULES, 2024 NOTIFIED IN CHANDIGARH’S OFFICIAL GAZETTE, SAYS HEMANT KUMAR ADVOCATE  

Face2News/Chandigarh

It has been straight ten years  on Sunday i.e. 16 February 2025,since the Central Government in the Department of Justice under Union Ministry of Law & Justice appointed 16 February 2015 as the date on which Family Courts Act, 1984 shall come into force in the Union Territory of Chandigarh but unfortunately not even a single Family Court has been established in Chandigarh till date for the reasons best known to the UT Administration. 

An Advocate at Punjab and Haryana High Court, Hemant Kumar, who has been consistently and vociferously raising this issue since past several years both with the Chandigarh Administration as well as High Court, albeit on its administrative side, told that most recently he received a RTI reply from Home Department of UT Chandigarh Administration dated 24 January 2025 which mentioned that the matter regarding establishment of Family Court in UT Chandigarh is still under consideration with the competent authority and has not attained finality. 

The RTI reply however further revealed that Chandigarh Family Court Rules, 2024 have been notified in

Official Gazette of UT Chandigarh Administration on 21 May 2024. Such Rules have been framed under Section 23 of Family Courts Act, 1984 to regulate the working of the Family Courts in Chandigarh as and when such Court(s) would be notified and consequently start functioning. 

Hemant told that prior to this, last year on 5 March 2024, the Union Home Ministry published a Notification in Gazette of India which mentioned that in pursuance of clause (1) of article 239 of the Constitution, the President of India hereby directs that the Administrator of the Union territory of Chandigarh shall, subject to the control of the President and until further orders, exercise the powers and discharge the functions of the State Government under section 23 of the Family Courts Act, 1984 within the said Union territory. 

Be that as it may, it is noteworthy to mention that the Central Government vide issuance of a Gazette Notification dated 12 February 2015 under sub-section (3) of Section 1 of the Family Courts Act, 1984 had appointed 16 Feb 2015 as the date on which the said Act shall come into force in the Union Territory of Chandigarh. 

Although Family Courts are functioning in each district of twin States of Punjab and Haryana with certain districts even having two to three such courts in the past several years.

Meanwhile, in response to a RTI application filed by Hemant in High Court Registry in late 2022 seeking complete information for the inordinate delay being witnessed in this regard, Joint Registrar (Rules) who is also Public Information Officer (PIO) of High Court in a reply dated 16 Dec 2022 had stated that vide Court's letter dated 6 Oct 2017 followed by subsequent correspondence letters dated 16 Feb 2018, 27 July 2018, 19 Nov 2018, 18 Jan 2019, 2 Feb 2019, 31 July 2019, 5 March 2020, 15 Oct 2020, 12 Nov 2020, 8 April 2021, 6 Aug 2021 and D.O. (Demi-Official) letter dated 15 Dec 2021, the Home Secretary, Chandigarh Administration was requested to issue necessary notification for the setting up of one Family Court in UT Chandigarh and to convey necessary sanction to the post of Judicial Officer of the rank of the District and Sessions Judge together with supporting staff with their respective pay scales but the matter remains pending with UT Administration.

Hemant asserted that as per Section 3 of Family Courts Act, 1984, the State Government (or UT Administration) after consultation with the (respective) High Court, shall as soon as after the commencement of ibid Act (i.e. after date of appointment by Central Government in respect of State/UT) establish Family Court(s) for every area comprising of city or town whose population exceeds one million. Since the aforementioned Act commenced in UT Chandigarh with effect from 16 February 2015 and current population of Chandigarh is over one and half million, hence Family Court(s) should have been established here in the year 2015 itself however owing to lackadaisical attitude or lethargy of UT Administration especially senior officers of Home Department, the issuance of Notification remains pending till date. After the establishment of Family Court(s), the posting/transfer of Principal Judge/Additional Principal Judge in such Court, who is District Judge/Additional District Judge rank judicial officer is however ordered by the High Court from time to time.

It merits reference that unlike a normal civil court, a Family Court is a forum to promote conciliation and secure speedy settlements of disputes relating to marriage and family affairs including maintenance and guardianship. Such matters are to be taken up and resolved in an atmosphere of reconciliation and understanding with the aid and advice of counselors.

Hemant seriously wonders how notwithstanding over a dozen communications received from Punjab and Haryana High Court, the UT Administration has been turning a blind eye in issuance of requisite notification under Section 3 of Family Courts Act, 1984 for the setting up of Family Court in Chandigarh. Had the High Court issued such a direction on the judicial side, certainly the UT Administration had swung into action immediately.

Pertinent that even the local Bar Association of District Courts, Chandigarh has not raised the issue of setting up of Family Court(s) in Chandigarh till date. Ideally, considering the current population of UT Chandigarh which is close to one and half million, there ought to be at least two to three Family Courts in Chandigarh, asserts Hemant. As on date, two to three dozen Family Courts are functioning in States of Punjab and Haryana each.