Court stresses on reducing procedural burdens for minors and guardians in maintenance cases
In a significant development, the Jammu & Kashmir and Ladakh High Court, under the bench of Justice Rahul Bharti, has called for more litigant-friendly proceedings in family court cases, emphasizing the need to reduce the procedural burdens on minor petitioners and their guardians. The case in question, "Zainab Gowhar v. Gowhar Rasool Bhat," centers around a minor daughter seeking maintenance from her father through her mother under the Family Courts Act, 1984, and Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
During the proceedings, the petitioner’s counsel highlighted the mechanical nature of current family court processes that mandate repeated personal appearances, which could potentially lead to frustration and the abandonment of legitimate claims. Justice Bharti's observations align with past judgments from the High Court of Karnataka, including the "High Court of Karnataka v. State of Karnataka" and "Mrs. Komal S. Padaukone v. Principal Judge, Family Court at Bangalore City," which advocated for the reduction of procedural formalities to support litigants better.
The High Court has expressed concerns over the insistence on personal appearances of minor petitioners and their guardians at every hearing, especially when no substantive progress is made. The court's directive aims to prevent such procedural demands from deterring individuals from pursuing their rightful claims.
The court has requested the scanned records from the Additional Judge Family Court in Srinagar to ensure a thorough review of the proceedings. The matter is scheduled for further hearing on August 21, 2026.
Bottom Line :
Family Courts Act, 1984 - Emphasis on conducting proceedings in a litigant-friendly manner without compromising legal consultation and counselling - Requiring repeated personal appearances of minor petitioners and their guardians can lead to frustration and abandonment of the cause.
Statutory provision(s):
Family Courts Act, 1984 Sections 13, 10; Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Section 144
