SHAIL Vs. MANOJ KUMAR YADAV

JUDGEMENT

(1.) -This contempt petition tells a pathetic story of the functioning of Family Courts in the State of Uttar Pradesh. The facts giving rise to this contempt petition demonstrate the manner in which Family Judges are dealing with the sensitive issues arising before them. The object and purpose of the establishment of the Family Courts was to promote conciliation in, and secure speedy settlement of disputes, relating to marriage and family affairs and for matters connected therewith. The law commission in its 59th report (1994) stressed that in dealing with disputes concerning the family, the Court ought to adopt an approach radically different from that adopted in ordinary civil proceedings and that it should make reasonable efforts of settlement before commencement of the trial. The 1976 amendment to Civil Procedure Code providing for special procedure in such matters concerning the family, did not achieve the desired result. The Courts continued to deal with family disputes in the same manner as other civil matters and the same adversary approach prevailed.

(2.) THE Family Courts Act, 1984 was enacted to set up for speedy settlement of family disputes. THE reliefs concerning properties, declaration as to legitimacy in person, guardianship of a person are custody of a manner and maintenance including proceedings under Chapter IX of the Code of Criminal Procedure are entrusted to these special courts. It has been made obligatory under Section 9 on the Family Court to make efforts for settlement. Section 11 provides that proceedings may be held in camera if the Family Courts desires and shall be so held if either party so desires. THE assistance of medical and family welfare experts can be taken under Section 12, or such persons (preferably a woman was available), including professional services for assisting the Family Court in discharging the functions imposed by the Act. THE facts and circumstances in which this matter arose, giving rise to these contempt proceedings, and the manner the Family Court dealt with the matter, completely frustrates, the object and purpose of the Act.

(3.) A first information report under Section 328/376, I.P.C., P. S. Naka Hindola, Lucknow, was lodged registering Case Crime No. 55/2002, by the applicant alleging that she was raped by Sri Manoj Kumar Yadav, Head Constable on 18.1.2002 at Apsara Hotel, Police Station Naka Hindola, Lucknow. The applicant alleges that accused Sri Manoj Kumar Yadav, thereafter to avoid his prosecution persuaded the applicant for solemnizing marriage with him. On his persuasion and in order to save herself from social disgrace, and stigma on her character, she agreed to marry him. The marriage took place on 20.7.2002. After marriage Sri Manoj Kumar Yadav deserted her. He was not prepared to fulfil the marital obligations and did not take care of the applicant. She was left in destitution without any help from him. She filed an application under Section 125, Cr. P.C. for maintenance from her husband Sri Manoj Kumar Yadav before the Family Court Kanpur Nagar. The proceedings were pending. The applicant filed a Criminal Misc. Application No. 7688 of 2002, which was disposed of with the following order : "Supplementary affidavit is taken on record. Heard Smt. Shail, applicant appeared in person and learned A.G.A. This application under Section 482, Cr. P.C. has been filed with a prayer to issue a direction to the Judge Family Court Kanpur Nagar to decide the case of the Application No. 535 of 2002 of the applicant expeditiously. It is further prayed that the Judge, Family Court be directed to dispose of the application of the applicant for interim mandamus. It is stated by Smt. Shail that she is unable to maintain herself and her husband, opposite party No. 3 Sri Manoj Kumar Yadav is Head Constable in U. P. Police. As such, an interim mandamus be awarded to her. After pursuing the entire material on record, this application is finally disposed of with a direction to the Judge, Family Court Kanpur Nagar to dispose of Case No. 535 of 2002 under Section 125, Cr. P.C. within a period of four months from the date of presentation of the certified copy of the order. With the aforesaid direction this application is disposed of. Date : 4.9.2002 Sd. Hon'ble V. K. Chaturvedi, J.