K P VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) From time to time various writ petitions are filed in this Court in the name of Public Interest Litigation but upon closure scrutiny at the time of admission it is found by the Court that most of them are not for the benefit of public but for the benefit of some private individuals. However, this is not such a case. This is genuine Public Interest Litigation.

(2.) The grievance of the petitioner in this case is pure and simple. It is brought to our notice that the Family Court Act, 1984 (hereinafter referred to as 'the said Act'), though enacted in the year, 1984, no Family Court has yet been established in the State of Bihar. This fact is not disputed. Though this writ petition was filed as long back as in July, 1987, for one reason or other, this was not being heard but being adjourned from time to time. On several occasions, learned counsel appearing for the State had, according to their usual practice, obtained adjournments for the purpose of obtaining instructions. As long back as on 8th of April, 1988, it was stated on behalf of the State, as recorded in the Court's order, that the concerned file had been sent to the Personnel Department for creation of the posts for establishment of Family Courts. However, though four years have passed since the filing of the case, the State Government has not yet found time to file any counter affidavit. Under these circumstances we are no longer inclined to leave the matter to the mercy of the State Government but we shall dispose of this writ petition for compliance of the wishes of the Indian Parliament.

(3.) The Preamble of the said Act provides that it was enacted to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlemeut of, disputes relating to marriage and family affairs for the matters connected therewith.