Minor Should Not Be Burdened With Repeated Court Appearances: J&K&L High Court Examines Need For Litigant-Friendly Family Court Proceedings

The Court noted that requiring the appearance of a minor petitioner along with her guardian mother on every date of hearing, when no effective purpose is served, causes frustration and may compel them to abandon the cause.

The Court was hearing a petition filed by a minor daughter, acting through her mother, invoking Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking maintenance from her father. The proceedings were initiated before the Court of the Additional Judge Family Court (4th Additional District Judge), Srinagar.

A Bench of Justice Rahul Bharti, while examining the issue, observed,

"This case affords an opportunity to this Court to examine the scope of section 13 read with section 10 of the Family Courts Act, 1984, in the light of the judgments of the High Court of Karnataka in '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, so as to ascertain how the conduct of proceedings relating to disputes under the Family Courts Act, 1984 before a Family Court can be made more litigant-friendly without compromising the role of legal consultation and counselling."

The Court further noted,

"According to the learned counsel, such insistence has the effect of generating frustration to the extent of compelling them to abandon the cause merely to escape the rigour of repeated appearances before the Court."

The petitioner, a minor daughter of the respondent, acting through her mother, had invoked Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking maintenance from her father. In this regard, the petitioner initiated proceedings before the Court of the Additional Judge Family Court (4th Additional District Judge), Srinagar.

Counsel for the petitioner submitted that the manner of conduct of proceedings in general before the Family Court is not very encouraging and tends to be more mechanical in approach rather than being litigant-friendly. It was contended that requiring the appearance of a minor petitioner in person along with her guardian mother on each and every date of hearing, or for that matter on any date of hearing when no effective purpose is to be served, is causing concern to the petitioner as well as her guardian.

According to the counsel, such insistence has the effect of generating frustration to the extent of compelling them to abandon the cause merely to escape the rigour of repeated appearances before the Court.

Upon considering the submission of the petitioner the Court examined the scope of Section 13 read with Section 10 of the Family Courts Act, 1984, in light of the judgments of the High Court of Karnataka in "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.

The Court observed that this case affords an opportunity to ascertain how the conduct of proceedings relating to disputes under the Family Courts Act, 1984 before a Family Court can be made more litigant-friendly without compromising the role of legal consultation and counselling.

Taking note of the grievance raised by the petitioner, the Court directed the Registrar Judicial, Srinagar, to send for the scanned record of the File. The Registrar Judicial was directed to ensure the requisition record is received positively by or before the next date of hearing.

The Court, while examining the scope of Family Courts' procedural conduct, observed the need to make proceedings more litigant-friendly, particularly for minor petitioners. The Court listed the matter for further hearing on 21st August, 2026.

Case Title: Zainab Gowhar Th. Her Mother v. Gowhar Rasool Bhat

Appearances

Petitioner: Ms. Rahilla Khan, Assisting Counsel vice Mr. Mohsin S Qadri, Senior AAG

Respondent: Unrepresented

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