Please read the follwoing link
Also https://indiankanoon.org/doc/1300797/
Dated November 11, 2020
After reading it, I felt really sad, astonishing and ackward that 'aisa bhi hota hai'
I have seen at least three (Ex. and Current Prin.) Judges in Family Courts in MAH state (Hon'ble Madan Joshi, Dr S D Joshi, Shapurkar to name a few), in last few months, maybe merely as an audience sometimes or as a part of hearing, and although for a very short time though, but it was sufficient to make an impression.
It left a everlasting mark in my mind, and there is absolutely NO doubt that these Hon'ble Prin. Judges are the best in class and top-class and cream of the lot.
But handing them judgements seemingly discriminatory (also discouraging treatment for there contributions) and surprising decisions alienating them from their deserving stature is really saddening.
A common man would not believe that 'Family Courts Acts was intended to create a different, sepatate entity within cadres of judicial officers .............. called as 'they are quasi-judical officers ...... and although very very good judicial minds!!! ... but still NOT enough as conventional judicial officers!!"
There is dilemma that then ............ Would best, honest and noble minds ever strive for honorable service as 'Hon'ble FC Judge'?
The additional powers conferred to them vide FC Act 1984 in regards to Evidence rules, admissibility and process of taking recording evdence etc, powers to chalk out more humane procedures may be as an extension to CPC, CRPC in limited context, were not in anyway decreasing their powers in the capacity of district judge but rather enhancing those.
Limited scope and lack of variaty of cases can't be put forth here as an excuse, because the specialisation eliminates other variants. Here the specialisation is for betterment and certainly not in view to deprive a person from growth.
With a trust and confidence shown by respective HCs that these 'noble judicial minds' are definitely have all qualities of district judges but also they themselves are capable to make additional procedures (it means that in fact HC delegated some powers to make rules by recognsing and conferring that authority) for the betterment of 'smooth administration of justice in family dispute' which did not disturb the basic framework of civil courts but customised it without breaching any adversarial framework.
E.g. To qualify as a 'noble judicial minds' is like a PHD which comes only after an individual becomes graduate or as a member of judicial Officer's cadre.
That itself suggests that these judges are NOT only at par (rather better than) with other district judges but have exemplarary maturity, knowledge, skills and provess to walk extra miles so as to deliver 'smooth administration of justice' .
Otherwise there was no need to institute separate Family Courts.
But unfortunately it seems it is resulting to alienate them from the mainstream judical ranks/cadres.
I believe, as a common maa, that even judicial officer also require motivation. (Even God needs motivation from their worshipers!!, why to talk about humans!! )
It also created a devide in Family Court and other district civil court administering family dispute trials(districts less than1 million population or where FC isn't set up).
Devaluing the 'noble judicial minds' by avoiding to recognise them adequately, would exactly do opposite than to encourage 'judicial officers' to join as a Family Court Judge.
And gradually it is liable to erode the quality! (already it is being seen in Educational Institutions as a similar example)
This is a common Man's take.
