Lok Sabha Question No. 4345 (UNSTARRED), answered on 2024-12-20
Subject: Family Courts
Ministry: LAW AND JUSTICE
Asked by: Shri Navaskani K, Shri Selvam G, Shri C N Annadurai

## 4345. Shri Navaskani K: Shri Selvam G:

Shri C N Annadurai:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) the current number of family courts established across the country, State and district-wise;

(b) whether there are any plans to increase the number of family courts in regions with a high volume of family cases to improve accessibility and reduce travel times for litigants;

(c)  whether  all  the  family  courts  are  equipped  with  adequate  infrastructure  and  resources  to  handle sensitive family matters, if so, the details thereof;

(d) the steps taken to ensure the appointment of trained counsellors, mediators, and psychologists in the family courts;

(e) the steps being taken to improve the infrastructure and facilities in Family Courts to create a more conducive environment for litigants; and

(f)  the  main  challenges  faced  by  family  courts  in  delivering  timely  justice  and  the  measures  the Ministry is implementing to enhance their efficiency?

## ANSWER

MINISTER  OF  STATE  (INDEPENDENT  CHARGE)  OF  THE  MINISTRY  OF  LAW  AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

(a):  The  State-wise  details  of  functional  family  courts  in  the  country,  as  on  31.10.2024,  are  at Annexure . The District-wise details are not centrally maintained.

(b)  &  (c):  The  Family  Courts  Act,  1984  provides  for  establishment  of  family  courts  by  the  State Governments  in  consultation  with  their  respective  High  Courts  to  promote  conciliation  and  secure speedy settlement of disputes relating to marriage, family affairs and for matters connected therewith. Under Section 3(1) (a) of the said Act, it is mandatory for the State Governments to set up a family court for every area in the State comprising a city or a town whose population exceeds one million. In other  areas  of  the  States,  the  family  courts  may  also  be  set  up  if  the  State  Governments  deem  it necessary.  Timely  disposal  of  cases  in  courts  depends  on  several  factors  which,  inter-alia,  include availability  of  adequate  number  of  judges  and  judicial  officers,  supporting  court  staff  and  physical infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders viz. bar,

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 4345 ANSWERED ON - 20/12/2024

## FAMILY COURTS

investigation  agencies,  witnesses  and  litigants  and  proper  application  of  rules  and  procedures.  The Central Government is fully committed to speedy disposal of cases in accordance with Article 21 of the Constitution and reducing pendency.

(d): As per Section 6 of the aforesaid Act, it is the responsibility of the State/UT Governments, in consultation with their respective High Court, to determine the number and categories of counsellors, officers,  and  other  employees  required  to  assist  a  Family  Court  in  discharge  of  its  functions  and provide the Family Court with such counsellors, officers and other employees as it may think fit.

(e): The Government has taken several initiatives to provide an ecosystem for faster disposal of cases by the judiciary. The National Mission for Justice Delivery and Legal Reforms was set up in August,  2011  with  the  twin  objectives  of  increasing  access  by  reducing  delays  and  arrears  in  the system and enhancing accountability through structural changes and by setting performance standards and  capacities.  The  Mission  has  been  pursuing  a  co-ordinated  approach  for  phased  liquidation  of arrears  and  pendency  in  judicial  administration,  which,  inter-alia,  involves  better  infrastructure  for courts including computerization, increase in strength of subordinate judiciary, policy and legislative measures  in  the  areas  prone  to  excessive  litigation,  re-engineering  of  court  procedures  for  quick disposal of cases and emphasis on human resource development.  The Family Courts are also covered by the ambit of these initiatives.  The major initiatives are given below:

- i.Improving  infrastructure  for  Judicial  Officers  of  District  and  Subordinate  Courts: The Government has been implementing the Centrally  Sponsored  Scheme  (CSS)  for  development  of infrastructure  facilities  for  the  judiciary  since  1993-94,  to  augment  the  resources  of  the  State Governments for the construction of judicial infrastructure in the district and the subordinate courts. There are five components covered under the scheme, viz., court hall, residential units, lawyers' halls,  toilet  complexes  and  digital  computer  rooms  for  the  convenience  of  lawyers  and  litigants. While  the  development  of  infrastructure  in  district  courts  is  primarily  the  responsibility  of  the State/UT  Governments,  the  Central  Government  supplements  the  resources  of  the  State/UT Governments through the said Scheme. As of now, a central share of Rs. 11,583.07 crores has been released  since  the  inception  of  the  scheme  in  1993-94.  21,940  court  halls  and  19,660  residential units are available in the district and subordinate courts under the scheme as on date. Another3,164 Court Halls and 2,619 residential units are currently under construction.

## ii.Leveraging Information and Communication Technology (ICT) for improved justice delivery:

The  Department  of  Justice,  Government  of  India  in  close  coordination  with  the  eCommittee, Supreme Court of India has been implementing the eCourts Mission Mode Project throughout the country for Information and Communication Technology enablement of the Indian Judiciary. The number of computerized District & Subordinate courts has increased to 18,735 till 2023. Wide Area Network  (WAN)  connectivity  has  been  provided  to  99.5%  of  court  complexes.  New  and  userfriendly  version  of  Case  Information  Software  has  been  developed  and  deployed  at  all  the computerized  District  and  Subordinate  Courts.  All  stakeholders  including  judicial  officers  can access information relating to judicial proceedings/decisions of computerized District & Subordinate Courts and High Courts on the National Judicial Data Grid (NJDG). As on date, the litigants can access case information and 28.05 crore orders/judgments pertaining to these courts. The eCourts services such as details of case registration, cause list,  case status,  daily  orders  and final judgments are available to litigants and advocates through eCourts web portal, Judicial Service Centres (JSC) in all computerized courts, e-Courts Mobile App, email service, SMS push & pull

services. Rs.12.12 crore has been allocated for 1,732 Help desk counters for e-filing in various court complexes.

With  a  view  to  handling  the  COVID-19  challenges  better  and  to  make  the  transition  to  virtual hearings smoother, 1394 e-Sewa Kendras (Facilitation centres) in District & Subordinate courts and 36 e-Sewa Kendra (Facilitation centres) in High courts had been made functional to facilitate citizen centric  services  to  lawyers  and  litigants  ranging  from  case  status,  getting  judgments/orders, court/case related information, e-filing facilities, etc. Video conferencing emerged as the mainstay of the courts during the Covid lockdown period as physical hearings and normal court proceedings in  the  congregational  mode  were  not  possible.  Since  Covid  lockdown  started,  the  District  courts heard  2,48,21,789  cases  while  the  High  Courts  heard  90,21,629  cases  (totaling  more  than  3.38 crore) using video conferencing till 31.10.2024. Rs.28.886 crore has been allocated for providing equipment in video conferencing cabins in various court complexes to facilitate virtual hearings. Video  Conferencing facility has been enabled between  3,240  court  complexes  and  1,272 corresponding jails.

iii. Filling  up  of  vacant  positions  in  District  and  Subordinate  Courts: Sanctioned  and working strengths of Judicial Officers in District and Subordinate Courts have increased as under:

| As on      | Sanctioned Strength   | Working Strength   |
|------------|-----------------------|--------------------|
| 31.12.2013 | 19,518                | 15,115             |
| 16.12.2024 | 25,741                | 20,479             |

iv. Reduction  in  Pendency  through  /  follow  up  by  Arrears  Committees: In  pursuance  of Resolution passed in Chief Justices' Conference held in April, 2015, Arrears Committees have been set  up  in  High  Courts  to  clear  cases  pending  for  more  than  five  years.  Arrears  Committees  have been set up under District Courts too. Arrears Committee has been constituted in the Supreme Court to  formulate  steps  to  reduce  pendency  of  cases  in  High  Courts  and  District  Courts.  In  the  past, Minister of Law & Justice has taken up the matter with Chief Justices of High Courts and Chief Ministers drawing their attention to cases pending for more than five years and to take up pendency reduction campaign.

(f): In the Family Courts, delays in proceedings exacerbate tensions and prolong emotional stress, hindering  timely  dispute  resolution.  Enforcing  decisions  on  child  custody,  visitation  rights,  and financial  support  remains  challenging  despite  court  rulings,  leading  to  continued  conflict  and frustration.  Additionally,  the  requirement  for  travel  to  another  city  for  court  appearances  imposes significant  logistical  and  financial  burdens,  especially  for  families  already  under  strain.  It  is  also important  to  note  that  counsellors  play  a  vital  role  in  providing  advice  and  guidance,  but  their effectiveness depends on proper training and capacity building. Improving Family Courts necessitates providing sufficient  infrastructure  and  specialized  judges  with  adequate  training.  Sensitizing  judges, court  staff,  and  stakeholders,  along  with  gender  sensitivity  training,  is  imperative  to  ensure  fair treatment, reduce bias, and protect the rights of all parties, particularly women. Appointment of lady judges and counsellors could further enhance the system's effectiveness.

The Government has brought these issues to the attention of the States and High Courts by addressing communications at the level of Minister of Law and Justice to the Chief Ministers of States/UTs and the  Chief  Justices  of  all  High  Courts.  The  last  such  communication  on  the  subject  was  sent  on 15.07.2023.

***

## STATEMENT REFERRED TO IN REPLY TO PART (A) OF LOK SABHA UNSTARRED QUESTION NO. 4345 FOR ANSWER ON 20.12.2024 REGARDING 'FAMILY COURTS'.

## State/UT wise details of functional Family Courts (As on 31.10.2024)

| Sl.No   | Name of the State/UT               |   Functional Family Court |
|---------|------------------------------------|---------------------------|
| 1       | Andhra Pradesh                     |                        14 |
| 2       | Andaman Nicobar                    |                         1 |
| 3       | Arunachal Pradesh                  |                         0 |
| 4       | Assam                              |                         7 |
| 5       | Bihar                              |                        39 |
| 6       | Chandigarh                         |                         0 |
| 7       | Chhattisgarh                       |                        28 |
| 8       | Dadra &Nagar Haveli and Daman &Diu |                         0 |
| 9       | Delhi                              |                        30 |
| 10      | Goa                                |                         0 |
| 11      | Gujarat                            |                        49 |
| 12      | Haryana                            |                        30 |
| 13      | Himachal Pradesh                   |                         3 |
| 14      | Jammu &Kashmir                     |                         4 |
| 15      | Jharkhand                          |                        32 |
| 16      | Karnataka                          |                        41 |
| 17      | Kerala                             |                        37 |
| 18      | Ladakh                             |                         0 |
| 19      | Lakshadweep                        |                         0 |
| 20      | Madhya Pradesh                     |                        64 |
| 21      | Maharashtra                        |                        51 |
| 22      | Manipur                            |                         4 |
| 23      | Meghalaya                          |                         0 |
| 24      | Mizoram                            |                         0 |
| 25      | Nagaland                           |                         2 |
| 26      | Odisha                             |                        30 |
| 27      | Puducherry                         |                         2 |
| 28      | Punjab                             |                        33 |
| 29      | Rajasthan                          |                        50 |
| 30      | Sikkim                             |                         6 |
| 31      | Tamil Nadu                         |                        40 |
| 32      | Telangana                          |                        23 |
| 33      | Tripura                            |                         9 |
| 34      | Uttar Pradesh                      |                       189 |
| 35      | Uttarakhand                        |                        27 |
| 36      | West Bengal                        |                         5 |
|         | TOTAL                              |                       850 |