The central legal point established in the judgment is the administrative power of the High Court and its control over the Subordinate Courts, as well as the provisions of the Family Courts Act, 1984, providing legal sanction for the functioning of Holiday Family Courts at Chennai.

N. Paul Vasanthkumar, J.

1. This writ petition is filed as Public Interest Litigation by a practising Advocate, praying for issuance of a writ of declaration, declaring the functioning of the Holiday Family Courts at Chennai as illegal, unconstitutional, discriminatory and ultra vires of the Family Courts Act.

2. The case of the petitioner is that Holiday Family Courts were inaugurated on 10.7.2010 at the instance of the High Court, due to which the Advocates practising before the Family Courts in Chennai, who are permitted to appear for the parties, including Amicus Curie in various cases with the permission of the Presiding Officers of the Family Courts, are put to great hardships as the Advocates are unable to meet their professional and family commitments. A memorandum to that effect was submitted to the Hon'ble the Chief Justice to withdraw the order constituting Holiday Family Courts in Chennai. Various resolutions were passed by the Women Lawyers Association expressing their difficulties in this regard and the same having not been fructified, this writ petition is filed by contending that Rule 3 of the Family Courts Procedure Rules, 1996 empowers the Family Court sitting on Holidays and outside normal working hours, if the Judge considers it necessary to do so in the circumstances of the case, with prior notice to the parties or those representing the parties, and such person or persons as the Judge may consider necessary, and as per Section 21 of Family Courts Act, 1984, the High Court is empowered to make Rules, as it may deem necessary, for carrying out the purposes of this Act.

3. In short, the contention of the petitioner is that functioning of the Holiday Family Courts in Chennai is without any legal sanction and the decision to have Holiday Family Courts at Chennai is causing hardships, mental agony and various other difficulties to the Family Court Legal Practitioners.

4. The Registrar General, High Court has filed counter affidavit on 7.1.2014 opposing the prayer stating that the Holiday Family Courts were started functioning as per the administrative decision of this Court, which was taken bearing in mind the public interest i.e. for the benefit of litigants and about 25% more cases are disposed of after the Holiday Family Courts started functioning in Chennai. The particulars about the disposal of cases in Holiday Family Courts in Cennai are also mentioned stating as follows:

2010 629

2011 539

2012 952

2013 (till November) 459

Holiday Family Courts are functioning for speedy disposal/settlement of family disputes, which are vested with jurisdiction to deal with the matters covered under Section 7 of the Family Courts Act, 1984. The Legal Practitioners permitted by the Family Court, are primarily to do conciliatory efforts and as a matter of right they cannot practise as counsel for the parties, and such permission is required to be given by the Family Court Judge under proviso to Section 1e of the Act. The 13th Finance Commission suggested various steps to have morning/evening/holiday Courts and allocated funds for the period from 2010 to 2015 to the State of Tamilnadu and pursuant to that 90 Evening Courts were sanctioned in 30 Districts. Functioning of Holiday Family Courts in Chennai from 10.7.2010 has got appreciation from the litigants and the Government of Tamil Nadu also sanctioned additional honorarium to the Family Courts Judges and staff working in Holiday Family Courts on the basis of the request made by the High Court through G.O.Ms.No.984 Home (Courts-II) Department, dated 25.11.2010. The High Court having control and supervision over the Family Courts under Article 235 of the Constitution of India decided to have holiday sittings of Family Courts in Chennai City. High Court is considering the request of the Women Lawyers Association for declaring Holidays/Vacations including Family Courts, and there is no illegality in the functioning of Holiday Family Courts in Chennai.

5. Ms.Geet