Pertinently, the Court observed that it seemed like family courts in Kerala were not utilising the provisions of the Family Courts Act which envisages the establishment of institutions or organisations engaged in social welfare to assist the parties.
Moreover, Rule 56 of the Family Court (Kerala) Rules, 1989 and Rules 4 and 7 of the Family Courts (Kerala) Additional Rules, 1990 also contemplate the institutional forum of assistance through experts or professionals.
“All these statutory provisions clearly would indicate that apart from the resolution of disputes in the manner indicated therein, the Family Court needs to embark upon enquiry to protect the welfare of the family. Many of the disputes can be resolved other than by taking measures to promote the welfare of the parties; by assisting parties to arrive at a mutually agreed settlement,” the judgement stated.
The Court opined that in several matrimonial disputes, the assistance of qualified doctors would go a long way in resolving disputes which arise from unidentified psychological and physical issues.
“In the absence of medical expert’s assistance, the parties may not be in a position to identify their problems. If the court resolves to render assistance to rectify or cure such problems of the parties with medical experts, the parties themselves may choose to resolve the disputes. We have hardly found any such steps being taken by the Family Courts in the State,” the Court noted.
Therefore, the Court directed the Registrar (District Judiciary) to file a report as to the existence of such assistance in the family court as mandated under the statutory provisions in Sections 5 and 12 of the Family Courts Act and also under the Rules.
Source: Barandbench
