Wahengbam Joykumar and Anr. v. State of Manipur and Ors.
2005-06-06
M.B.K.SINGH, T.NANDA KUMAR SINGH
body2005
DigiLaw.ai
This writ petition (PIL) has been filed by one said to be working as Programme Executive of the Human Rights Alert, which is a registered voluntary human rights organization based in Manipur and another. It is said that the primary objective of the organization is the documentation of human rights situation and timely assessing the legally available redress mechanism to improve the rights situation in Manipur. 2. We have heard Mr. M. Rakesh, learned counsel appearing on behalf of the petitioners, Mr. R.S.Reisang, learned Addl.Govt.Advocate appearing on behalf of the respondents 1 and 2 and Mr. N.Ibotombi, learned CGSC appearing on behalf of the respondent No. 3. 3. In this writ petition, the petitioners are praying mainly for issuing an appropriate writ or direction commanding the respondents to establish at least one more Family Court in Manipur in view of Section 3 of the Family Courts Act, 1984 so as to enable the entire population of Manipur could approach the Family Court as and when required and also for an appropriate writ or direction to the respondents to fill up the vacant posts of counsellors in the existing Family Court. 4. In respect of the first prayer, on perusal of the affidavit-inopposition filed on behalf of the respondents No. 1 and 2 in the light of the submission made by the learned Addl.Govt.Advocate, it is ascertained that the State Government has issued a notification, being No. 4/2/85-Judl./L(Pt) dated 25.2.2005, in partial modification of Even No. dated 30.7.1992 and in exercise of the powers conferred under Section 3(2) of the Family Courts Act, after consultation with the Gauhati High Court, extending the territorial jurisdiction of the existing Family Court throughout the State of Manipur. A copy of the said notification dated 25th Feb., 2005 is Annexure-D/6 . After the said extension of the territorial jurisdiction of the Family Court, no person residing in any part of the State is deprived of an opportunity of getting settlement of dispute relating to marriage and family affairs through the Family Court and as such, the petitioners admit that the first prayer has been substantively complied with.
After the said extension of the territorial jurisdiction of the Family Court, no person residing in any part of the State is deprived of an opportunity of getting settlement of dispute relating to marriage and family affairs through the Family Court and as such, the petitioners admit that the first prayer has been substantively complied with. Apart from that, it is ascertained from the affidavit-in-opposition of the respondents No. 1 and 2 that the State Government has already sent a proposal to the Central Government for setting up another Family Court also with cent percent funding from the Centre in view of the bad financial position of the State. We hope and trust that with the improvement of the financial position of the State, the State Government will take all the necessary steps for establishment of the required number of Family Fourts in the State in compliance with letter and spirit of the provision of section 3 of the Act. Accordingly, no writ or direction is issued in respect of the first prayer. 5. In respect of the 2nd prayer also, from the affidavit-in-opposition field on 16.5.2005 on behalf of the respondents No. 1 and 2, it is ascertained that the concerned authority has taken steps for appointing a counsellor on contract basis for one year. Counselling is an indispensable work in the functioning of a Family Court. It is very unfortunate that though the assistance of a counselor is required by a Family Court in the discharge of its functions, the Family Court, Manipur has not been getting the said assistance since 2nd December,2003. As per provisions of Section 6 of the Family Courts Act, 1984, the State Government , in consultation with the High Court, is to determine the number of counsellors required to assist the Family Court, Manipur and provide the Family Court with such counsellors. No one can deny the importance of the role of a counsellor in the settlement of a family dispute. 6.
No one can deny the importance of the role of a counsellor in the settlement of a family dispute. 6. Keeping in view all the relevant considerations including the need of counselors for enabling the Family Court, Manipur to discharge its function properly, effectively and efficiently, we direct that the respondents 1 and 2 shall take all the necessary steps so that assistance of counsellor/cousellors is made available to the Family Court, Manipur in the discharge of its function by appointing the required number of counsellors at an early date not later than 6(six) months from today. 7. With the above said directions, this writ petition is disposed of.