Chennai: The Family Court Act was passed on September 14, 1984 and it will be crossing 30 years in a month. During the last three decades, the intricacy of the problem coming to the family courts has changed vastly. When the Act came into force, the use of computer was not prevalent. The lifestyle of people changed. Internet pornography-induced sexual torture was not prevalent in 1980s and pornography induced sexual dysfunction was a rarity in 1980s, says former principal judge, family court, Chennai, T.C.S. Raja Chockalingam.
He served as a judge for over 25 years in various districts and had referred over 100 couples to psychiatrists/ psychologists to assist the court in settling matrimonial disputes.
Mr Raja Chockalingam said that in the Bhuwan Mohan Singh vs Meena case, the maintenance amount was awarded by the family court after nine years from the date of filing of the petition. Hence the apex court pulled up the family court for showing total laxity in disposing the matter. Now, this kind of sexual abnormality comes under the category of cruelty, which becomes an important ground for seeking divorce.
Sexual torture by the male partner insisting that the female partner replicate the acts of the porno-star as in Internet pornography has been on the rise. Wife is also subjected to torture because of the inability of the male partner to have normal sex due to porno-addiction. This kind of divorce cases filed on the ground of cruelty has been on the rise.
The Act was meant to provide for the establishment of family courts with a view to promoting counseling and securing speedy settlement. For the past few years, matrimonial disputes arise largely due to psychological problems. Judge Raja Chockalingam said that the counseling sessions were not handled by psychologists, who have clinical experience. Reconciliation or settlement of family disputes cannot be done without clear understanding as to where the matrimonial problem originates.
The judges of the family court, particularly in Chennai, deal with more then 100 cases every day. Raw emotions of anger, frustration, depression and stress generated in the chamber of family court judge, affect the judge too. Though 30 years have elapsed since the Act came into force, the functioning of most family courts, including in Tamil Nadu, is in a pathetic state. There is no proper counselling room for counseling to the parties to the matrimonial disputes.
The counsellors in the family courts lack proper educational qualification and experience in psychological counseling. Without proper and pragmatic counseling by competent persons, conciliation and mediation would be a distant dream. For instance, in the Delhi family courts, full time psychologists with clinical experience have been appointed on monthly salary basis to render counseling to the parties coming to the family court.
And shortage of the staff affects the function of these courts. In the absence of basic infrastructure like adequate number of courts and counseling rooms, competent counselors with clinical experience, stenographers, typists and other staff, rest room facilities for litigant public, drinking water and canteen facilities, the litigants are subjected to endless torture and hardship.
The need of the hour is to increase the number of family courts with adequate infrastructure. Unless the facilities are taken care of by the government, the eventual delay in adjudication by the family court will remain a human rights problem.
