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Minor Petitioner Cannot Be Burdened with Repeated Court Appearances: J&K&L High Court
A Minor's Struggle for Maintenance
The has taken up a significant examination of Family Court procedures, driven by a minor daughter's plea for maintenance from her father under . The petitioner, Zainab Gowhar, acting through her mother as guardian, filed a petition before the . However, the conduct of those proceedings raised serious concerns, prompting the High Court to step in.
The Grievance: Mechanical Approach of the Family Court
According to the petitioner's counsel, , the Family Court's insistence on requiring the minor petitioner and her guardian mother to appear in person on every hearing date—even when no effective purpose was to be served—created undue hardship. The counsel argued that this mechanical approach was generating frustration to the point where the family might abandon the case just to escape the rigour of repeated appearances.
The High Court noted this grievance and sought to examine how proceedings under the can be made more litigant-friendly without compromising the role of legal consultation and counselling.
Court's Examination: Balancing Legal Consultation and Litigant Friendliness
Justice Rahul Bharti observed that this case provides an opportunity to examine the scope of . The Court referenced two judgments from the — and —to ascertain best practices for conducting proceedings.
The Court recognized that requiring the appearance of a minor petitioner along with her guardian mother on every date when no effective purpose is served is counterproductive. It can lead to frustration and ultimately compel the litigant to abandon the cause.
Key Observations
The judgment highlighted the following pivotal reasoning:
"This case affords an opportunity to this Court to examine the scope of ... so as to ascertain how the conduct of proceedings relating to disputes under the before a Family Court can be made more litigant-friendly without compromising the role of legal consultation and counselling."
"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."
Next Steps in the Case
Pending further consideration, the Court directed the Registrar Judicial at Srinagar to send for the scanned record of the case file from the Family Court, ensuring its receipt by the next hearing date. The matter has been listed for continuation on .
This examination has broader implications for how Family Courts across the country handle minor litigants. By seeking to balance procedural requirements with the welfare of child petitioners, the High Court aims to ensure that justice is not only done but also seen to be accessible and humane.
