Family disputes are sensitive issues which need be dealt by special courts. These disputes adversely affect our Gen-x including the estranged couple. Generally these disputes are resolved by the families themselves. Neighbors also play a role in resolving minor disputes. Disputes among rural couple are usually resolved  at village level by imminent villagers or by shariat  boards formed in major towns. Prior to 1989, these disputes would find their way to the one Islamic Sharia court headed by a Mufti Azam or grand Mufti. This court was recognized by civil society and its fatwa was given due weightage by regular courts. Formal qualification is prescribed for becoming a mufti azam. Besides that, he  should be a God fearing person well versed in fiqah with an unimpeachable integrity, having qualified a mufti course  with a complete knowledge of Quran and hadith. Many qualified Mufti’s with profound knowledge of fiqah have  emerged In late nineties, shariat boards were established by various schools of thought , a common Shariat board exists in the civil society. Most of disputes are resolved by these boards. There  is a need for creation of broad based Shariat  board with Mufti’s from all schools of thought, to be inducted by consensus and chief Qazi or Mufti to be selected from the Board by consensus. These boards can adjudicate upon matters pertaining to marriage, divorce, inheritance, maintenance and other matters which exclusively fall within their ambit. Sighting of moon can be made more meaningful by devising new scientific ways. Civil society must work for establishment of Shariah Board so that people get cheap and speedy justice at least in personnel matters. If we adopt an ostrich like approach we are not discharging our obligations.
The remaining disputes land up in regular courts. The disputes which are tried in regular courts are not ordinary civil disputes and they require special skill in dealing with interrelationship between husband and wife. The disputes  require  a social scientist coupled with judicial acumen so that family unit is protected from disintegration.
On the civil side disputes related to dissolution of marriage, divorce petitions, suit for restitution of conjugal rights and application under guardian and wards Act for seeking appointment of guardian and custody of child, are family disputes which consume time of regular courts. . On the  criminal side application for seeking maintenance are filed by the abandoned wife and children neglected by their father. In May 2010, ten applications were filed by abandoned wives for seeking maintenance from their husbands. On an average four to six cases of maintenance are being filed. There are about 650 maintenance applications pending in various courts in Srinagar and there are about 150 other  matrimonial cases pending  in various courts in Srinagar. Conversely speaking not even one percent of matrimonial disputes reach the regular courts in relation to marriages solemnized every year.
These cases consume time of the courts and contribute to mounting arrears. The regular courts already reeling under the burden of arrears, are unable to deal efficaciously with these matters with the result the gulf between the estranged couple gets widened. The   psychological wounds instead of getting healed by conciliation, are allowed to fester. These matters are dealt in a routine manner like other civil matters. In other states matrimonial disputes are dealt by special courts, known as Family Courts, which owe its genesis to Family courts Act. These courts lay emphasis on conciliation and the application is entertained only  when conciliation fails. These courts are outside the precincts of regular  courts.  The significant feature of these courts , is the procedure applicable in entertaining matrimonial matters, those matters were conciliation has failed can be entertained by these courts after being certified by conciliation officer. These courts have recreation facilities for children and are governed by summary procedure.
The most disturbing feature of the regular courts is the production of minor children to the courts under the Guardian and Wards Act. The Honble courts direct the parent to produce the child for purposes of ascertaining his/her wish to live with mother or father, or for seeking interview by either of parents. Sometimes in order to assuage the couple the courts send for their report cards and the academic performance of child is subjected to judicial scrutiny, which amounts to violation of his right to liberty as laid down by Hon'ble supreme court. The child suffers while in court and thereafter all through his life. It leaves indelible impression on his mind, the scars do not get healed throughout his life. The burden of going through the ordeal of question answer session with mother and father standing opposite to each other and the lawyers arguing on behalf of their clients, proves devastating for an innocent soul
There is an increasing need to settle down family disputes with minimum possible legal hassles.

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Lastupdate on : Sun, 25 Jul 2010 21:30:00 Mecca time
Lastupdate on : Sun, 25 Jul 2010 18:30:00 GMT
Lastupdate on : Mon, 26 Jul 2010 00:00:00 IST