M P GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation of the provisions of the Family Courts Act, 1984 (for short "the Act") in the matter of shifting of a family court from one place to another, is involved in this appeal which arises out of judgment and order dated 8.4.2005 passed by the High Court of Kerala.

(3.) Malappuram is a district in Kerala. The District Headquarters is situated at Malappuram. The District Courts, however, are situated at Manjeri which is about 12 kms. North of the said place. The State of Kerala established a family court at Manjeri in the year 1999 in a tenanted premises wherefor a sum of Rs. 6, 668/- was payable by way of monthly rent. The litigant public, the court staff and others concerned were facing a lot of difficulties in attending the said court. The Bar Association of Malappuram submitted a representation dated 03.02.2002 seeking the shifting of the Family Court at Manjeri, to Malappuram whereupon the remarks of the Presiding Officer of the Family Court and the District Judge, Malappuram were sought for. The District Judge, in his report, pointed out various deficiencies and lack of infrastructure at Manjeri stating that the Family Court is required to be shifted to another building. The Presiding Officer, Family Court also submitted a report inter alia stating that the road in front of the building is a narrow by-lane. The Court is accommodated in the upstair portion of a building. There is only one staircase which is used by all including the Presiding Officer, Court staff and the litigants. On an average 500 to 750 persons remained present everyday before the Family Court, including women with babies and kids, apart from advocates and staff of the court and, thus, the building is clearly inadequate to accommodate all these persons. Family counselling, thus, cannot be conducted in such an atmosphere. It was reported that if the power supply is off, the court cannot function.