Court Examines Scope of Family Courts Act; Seeks to Minimise Unnecessary Appearances and Procedural Hardship
Srinagar, August 23: The High Court of Jammu & Kashmir and Ladakh at Srinagar is examining ways to make proceedings before Family Courts more litigant-friendly, while ensuring that the objectives of counselling, legal assistance and judicial procedure are fully preserved.
Justice Rahul Bharti, while hearing the matter on August 11, 2026, observed that the case provides an opportunity to consider whether proceedings under Sections 13 and 10 of the Family Courts Act, 1984 can be conducted in a manner that reduces unnecessary hardship for litigants.
The matter relates to a minor girl, Zainab Gowhar, who, through her mother, has approached the Family Court seeking maintenance from her father under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
During the proceedings, counsel for the petitioner submitted that the existing manner of proceedings before the Family Court may not always be sufficiently encouraging or litigant-friendly, and in certain circumstances could become mechanical.
Particular concern was raised over the requirement for the minor petitioner to appear personally along with her mother on every date of hearing, including dates when their presence may not serve any effective purpose.
The counsel argued that repeated and unnecessary appearances could place an additional burden on litigants and may, in some cases, lead to frustration or even compel them to abandon legitimate legal claims simply to avoid repeated court visits.
Justice Bharti also referred to judgments of the High Court of Karnataka, including High Court of Karnataka v. State of Karnataka and Mrs. Komal S. Padaukone v. Principal Judge, Family Court at Bangalore City & Anr., reported in AIR 1999 Karnataka 427, while considering the issue.
The High Court has sought the scanned record of File No. 244/Petition, titled Zainab Gowhar v. Gowhar Rasool Bhat, pending before the Additional Judge, Family Court (4th Additional District Judge), Srinagar.
The Registrar Judicial, Srinagar, has been directed to ensure that the record is placed before the Court ahead of the next hearing.
The matter was listed for continuation on August 21, 2026.
The proceedings may have wider significance for the functioning of Family Courts in Jammu and Kashmir, particularly in balancing the statutory objectives of counselling and legal assistance with the need to prevent unnecessary procedural hardship for litigants, especially minors and their guardians.
Rahilla Khan, Assisting Counsel, appeared for the petitioner in place of Mohsin S. Qadri, Senior AAG.(KNC)
