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Divorce can be an enormously traumatic and financially disruptive event for all involved, creating emotional turmoil and financial strain for years afterward.

Family courts strive to facilitate swift resolution of family-related disputes quickly while encouraging conciliation and offering counseling to couples contemplating divorce. Unfortunately, several frivolous applications and counter-applications lead to unnecessary litigation which increases judge pendency.

How many family courts are there in Maharashtra?

Family Courts serve to adjudicate disputes related to marriage, divorce, maintenance and custody of children as well as related matters. Their purpose is to promote conciliation and facilitate swift case resolution; each State Government in consultation with its High Court sets one up.

Judges in family courts demonstrate exceptional empathy when handling child custody and divorce cases involving minor children involved. Furthermore, they take a more holistic approach when settling property settlements; emphasizing equitable asset distribution rather than simply financial restitution.

Devendra Fadnavis recently pledged to open 14 more family courts in Mumbai and 10 in Thane in order to reduce pending divorce petitions. This announcement came following calls from Shiv Sena MLAs Vilas Potnis, Sunil Shinde and NCP leader Sachin Ahir in the legislative assembly for more family courts to reduce pending petitions for divorce.

What is a family court?

Family courts are courts dedicated to family law cases related to marriage, divorce, custody of children and maintenance. Their jurisdiction varies based on each religion’s personal laws (Hindu Marriage Act in India; Muslim Divorce Act etc).

Family courts aim to resolve conflicts quickly and affordably between couples by encouraging conciliation, suggesting counseling to unhappy ones first, and helping reduce case pendency which benefits all parties involved.

Women’s associations and welfare organizations have been pressuring the state government to establish more family courts in major cities such as Mumbai. At present, seven family courts exist within Mumbai’s boundaries with more planned. Unfortunately, judges of these courts often must deal with frivolous applications from couples that prolong cases unnecessarily, creating further stress to children who may be involved.

What is a divorce?

Divorce is the legal separation from one partner in a marriage and may be initiated for various reasons such as adultery, cruelty or desertion. Divorces often take months or years to finalise so it is crucial that you retain an experienced family law attorney to ensure that your case is managed appropriately.

Divorce can be an emotionally and financially taxing experience for all involved, especially children. Before proceeding, it is crucial that all sides involved consider its emotional effects on all parties involved and any possible financial ramifications such as child support and alimony payments.

Filing for divorce by mutual consent is typically less complex than filing in court; as courts don’t need to review as many issues. The couple still must appear before the court for presentations of petition and evidence submission; during which time counseling sessions may attempt reconciliation between partners.

What is a dissolution of marriage?

Dissolution of marriage (also referred to as divorce) is the legal separation that legally ends a marital union and may be granted for various reasons. To initiate it, an action petition must be filed with the court and served on both spouses. They then appear before a judge for a prove-up hearing where each party can present their side of the story as to why divorce should take place.

Justices Anil Menon and Makarand Karnik of Bombay High Court recently issued an order mandating that Maharashtra state government create more family courts in response to businessman Tushar Gupta filing a public interest litigation alleging there is insufficient access to family courts despite mandates in Family Court Act that stipulate them in cities with populations exceeding one million people. They instructed government to allocate land for this purpose while making provisions for judges, staff, as well as ways of decreasing case pendency.