Maharashtra Family Courts

ABOUT DISTRICT COURT

The need to establish the Family Courts was first emphasized by late Smt Durga Bai Deshmukh after her visit to China in the year 1953, where she had the opportunity to study the working of Family Courts. She discussed the subject with Hon’ble Mr Justice M.C. Chagla of Bombay High Court and also Hon’ble Mr Justice P.B. Gajendragadkar, then the Judge, Bombay High Court. She also discussed the matter of setting up of the Family Courts with the then Prime Minister Pandit Jawahar Lal Nehru. Several women associations, welfare organizations and individuals also mounted pressure for setting-up of the Family Courts to provide a forum for speedy settlement of family relates disputes. The emphasis was on a non- adversarial method of resolving family disputes and promoting conciliation and securing speedy settlement of dispute relating to marriage and family affairs.

The Law Commission in its 59th report (1974) also recommended for setting-up of special courts where rules of procedure would be simpler. The Law Commission also emphasized that such courts may adopt and approach radical steps distinguished from the existing civil courts and that such courts should make reasonable efforts for settlement before commencement of the trial. In 1975, the ‘Committee[...]