Family Courts in India. It is not uncommon for a large void in the Indian judicial system is the backlog.

The number of cases brought before the Supreme Court is constantly increasing. 34,683 applications were submitted to the Supreme Court in 1999, while 70,350 were filed in 2008, the increase is about 103% nine years.1 There are cases that address a wide range of topics such as family issues and property continue for generations. These cases are horrific periods of time, ranging from 7 to 30 years. The saying that "justice delayed is justice denied", then it becomes relevant to consider. Thus the need for family courts was highlighted by the late Smt Durga Bai Deshmukh after his visit to China in 1953, where he had the opportunity to study the operation of the family courts. He discussed the issue with Justice MC Chagla Honorable of the Bombay High Court, and the judge PB Gajendragadkar, Judge of the Bombay High Court. They also examined the question of the establishment of family courts with the then Prime Minister Pandit Jawaharlal Nehru. Women's groups, social assistance and pressure for the establishment of family courts to provide a forum for the rapid resolution of family conflict on organizations also mounted.2 Also worth noting here is that the institution of marriage has become the subject of numerous judicial review. There are a number of legal provisions on marriage and its various aspects. The result is that, in addition to various advantages that these legal provisions may provide the privacy of this institution was threatened. According to studies conducted in Mumbai and Delhi, 40% of marriages headed for divorce. There are also cases of abuse of the provisions, such as Article 498A of the Indian Penal Code, the protection of women against domestic violence, Article 125 of the Criminal Procedure Code, the laws of childcare, for to name a few. There are issues such as alimony become the subject of much controversy and causes harassment of families. What is a problem is that personal problems are closely related to legal issues and lead to an unnecessary prolongation of the elimination of these cases. The younger

1 2

C Breckenridge - Comparative Studies in Society and History of India, 1989 - Cambridge Univ Press. Ibid.

generation, thus have been made a scapegoat in times of change, because of the culture war that followed between conservatives and liberals. Ergo the Family Courts Act of 1984 was a result of the trends in legal reforms concerning women. 3Due to increasing pressure from various institutions in lobbying for the well-being of women across the country, we expect the law to facilitate the satisfactory resolution of disputes relating to the family through a forum should work diligently to fairly and with a focus ensures maximum well-being of society and the dignity of women. Prevalence laws polarization between the sexes and social practices of oppression for centuries have denied justice and basic human rights of Indian women. In this context, significant progress has been the recent creation of the Family Court in Delhi. Although these courts were created and work in other states, the creation of a family court in the capital and is an important step to take. The main purpose of the establishment of these courts was to take cases involving family outside the intimidating atmosphere of the courts of common law and ensure a pleasant atmosphere was created to deal with issues such as marriage, divorce, alimony, child custody, etc. As mentioned above, an effective way to solve the problem of the slope is to improve the efficiency of the system instead of changing the whole system. An important step is to make use of available human resources. These family courts in Delhi 4are equipped with counselors and psychologists to ensure that disputes are handled by experts Remember that even though there may be fundamental to address legal issues, there is also a human and psychological dimensions that are discussed in these issues. The role of consultants is not limited to advice, but extends to reconciliation and mutual understanding when it is deemed feasible. In conclusion it is clear that the creation of these courts has been dynamic in that the reduction in the accumulation and disposal of cases while ensuring that there is effective delivery of justice towards a family.

DM Bush - Gender & Society, 1992 Womens movement and State Policy Reform aimed at Domestic Violence against Women in India. 4 http://delhifamilycourts.gov.in/ Last retrived 27-July-2013.