Family Courts Overburdened With Burgeoning Matrimonial Disputes, Judges Under Judicial Suffocation: Madras HC [Read Order]

The Family Court Judges are under judicial suffocation, remarked the Madras High Court while dismissing a contempt petition filed against a Family Court judge.

A litigant had filed a contempt petition against the Family Court judge alleging that he did not comply with the High Court direction to dispose of the case within six months.

When questioned about the maintainability of a contempt case against the judge, the counsel submitted that the Supreme Court had recently taken action against a former Judge. Justice PN Prakash said:

"It is indeed very sad and unfortunate that an advocate who claims to practise in the Supreme Court, is unaware of the circumstances under which the Supreme Court had taken action in the case referred to by him and that cannot be cited as a precedent to take action against the Family Court Judge for not disposing of the case as directed by this Court."

The Court added that, whenever a Court subordinate to the High Court is unable to complete a case within the deadline set by the High Court, the concerned Judge would make a request for extension of time, which will be normally granted. Observing that this petition has been filed only to terrorise the Family Court Judge, the court observed:

"In the opinion of this Court, this petition has been filed only to terrorise the Family Court Judge. We are conscious of the fact that though there are six Family Courts in Chennai, every Family Court is so overburdened with burgeoning matrimonial disputes that the Family Court Judges are under judicial suffocation. Hence, this petition deserves to be dismissed with exemplary costs. However, taking into consideration the fact that the petitioner may suffer due to the ill advice of her counsel, this Court abstains from imposing costs." 

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