KRISHNA MURARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THROUGH the medium of this petition by way of Public Interest Litigation, filed under Articles 226 of the Constitution of India, the petitioner, who is a practicing Advocate of this Court, as also in the District Courts, has prayed for issuance of a writ in the nature of mandamus, commanding respondents 3 to 6, who are the Principal Judges/Presiding Officers of Family Courts constituted under the Family Courts Act, 1984, at Ranchi, Jamshedpur, Dhanbad and Hazaribagh, to allow the parties to litigation before these Courts to be represented by counsel of their choice.

(2.) THE point involved in this petition is very simple and uncomplicated, Family Courts Act, 1984, was enacted to provide for the establishment of Family Courts by making it obligatory on the part of the State Governments to set up a Family Court in every city or town with a population of more than one Million people. The object of the Act was to ensure speedy settlement of family disputes between the contesting parties relating to marriages and other matrimonial affairs. The ostensible purpose of the enactment was to resolve the disputes in the shortest possible time.

(3.) SECTION 9 of the Act casts a duty upon the Family Courts to make an earnest endeavor in every suit or proceeding pending before such Courts in the first instance with a view to assist and persuade the parties in arriving at a settlement in respect of the subject matter of the suit or proceeding and if at any stage of such suits or proceedings, it would appear to a Family Court that there was a reasonable possibility of settlement being arrived at between the parties, it might adjourn the proceedings for a reasonable period to enable the parties to actually effect and arrive at such a settlement. For ready reference, Section 9 of the Family Courts Act 1984, is reproduced hereinbelow which reads thus : - -