Matrimonial dispute cases: Follow Chandigarh model, HC to Punjab, Haryana
In Chandigarh, a centre has been set up to deal with child custody, maintenance & other disputes arising out of matrimonial cases at pre-litigation stage
Buoyed over the success of a centre at the Chandigarh district courts that deals with matrimonial disputes, the Punjab and Haryana high court has directed the governments of the two states to appoint three counsellors at each district in their states for speedy resolution of such disputes.
The bench of acting chief justice Ritu Bahri and justice Aman Chaudhary has directed Punjab and Haryana to expedite the process of appointment of counsellors and clear files pertaining to the same within a period of two weeks and inform the high court accordingly.
Initially, the high court, had on December 5, 2023, asked the administrative secretary, home affairs and justice, Punjab, and the additional chief secretary (home department), Haryana, to appoint counsellors, three in each district, on contractual basis, so that criminal complaints arising out of matrimonial disputes at the level of police stations can be resolved amicably. Now, fresh orders have been issued on judicial side after taking suo motu note of the December 5 communication.
“This direction has been given keeping in view the appointment of counsellors in district legal service authority, UT, Chandigarh, who have resolved 700 cases within a year with respect to the complaints pending in police stations/courts,” the bench noted while disposing of the plea and seeking compliance in two weeks.
The centre was set up at the Chandigarh district courts in 2022 when justice Bahri was the head of State Legal Services Authority, Chandigarh.
The counsellors at the centre have been dealing with child custody, domestic violence, divorce, maintenance and other kinds of disputes arising out of matrimonial cases at pre-litigation stage.
“It has been a year since the centre came into operation. It has become so popular that even those who have not formally filed complaints before police are coming forward to resolve disputes between them through the counselling sessions,” said a state legal services authority official, stressing that the move has not only helped in checking pendency in courts but also helped the parties concerned, who would have otherwise had to run around for years to get court orders in their cases.
As per officials, the centre has three counsellors to deal with matrimonial complaints and a special counsellor for children. As and when a police complaint is made by an individual, the matter is sent to the centre as well, where counsellors try and resolve the case by involving both the parties.
A lawyer dealing with such cases in high court said that parties often do not get proper legal advice in the beginning and also have fresh wounds of “bitter relationship”.
“When they are counselled and given impartial and proper legal advice, they realise that both parties would suffer due to litigation. It is due to this factor that many agree to a mutually agreeable settlement here,” he added.