Saturday, December 23, 2006

Do we need younger and more modern judges in Family courts?

I had nice day studying the working of the family courts in the Bangalore Judiciary . I am little dissapointed that how little work is being done in a day.

Some telling Figures

Total number of cases listed : - 64 .
Total hours in judiciary : 4.5 hours
Total hours spent on giving dates : 3 hours
Total hours spent on Actual listening to argutments or giving orders : 1 hr 3o minutes

Other Metrics.
No of pages of orders in the day 10 and that too 10 typewritten pages not word document pages of font size 10. I typed a 30 page judgment in a word document into 5 pages word document so you can imagine the productive.

Now I come to the crux .

Real productive work

1. Two evidence of 10 minutes each
2. Argument on maintenance of 5 minutes
This was a really well argued by a yound lady lawyer which gave a me a complete reason as to why we need younger judges in family court
3. Argument for a 30 minutes on child custody matter.
We need younger judges and lawyers becuase it could have been wrapped in 5-10 minutes and in my not so humble opinion in a different judgment I will tell.
4. Remaining 45 minutes on just asking for money from husbands .
Of course it beats me in the 21st century why can;t these fit women work and live their life instead of demanding money from their hubbies

all the remaining cases came up for next dates . A reality which I have seen from many ofthe cases that in any case not more then 1.5 hours is spent on a case . On an average there are 1200hours for work in judicial systems. That means each judge has capacity to dispose of 800 , 850 cases. A capacity in bangalore is of 1700 cases per year . There are 2000 cases filed in bangalore per year . More then 50% go through mutual settlement .So the real amount of cases are only 1000 . So between two judges there is enough capacity handle the current work load. If the many of high productive methods are applied. Comfertably the family court cases can be decided in a year with the current capacity infact the judcial time spent can be increased to around 2 to 2.5 hours per case.

The case which got me thinking that maybe we should increase productivity is here ?
Now let me now tell you the case of 30 min the guy wanted to take his 3 year old child for christmas vacation to kerala with his parents ( childs grandparents ).
The wife alleged that whenever the child was left with the husband then the child was given hotel food etc.

The issue is
1. Can a father be allowed to take care of child for 7 days ?
2. Is this father such that should not be allowed

The argument happened on for 1st point itself and finally judge gave his decision on this matter by saying that a child of 3 cannot stay with his father without his mother ?
30 minutes should not have been wasted the judge should have said his mind is made up he does not believe a child of three can stay away from his mother for this duration. Should have finished in 3-4 minutes ?

This has however made it very clear that we need judges from younger generation of man and women who have seen confident men taking care of their baby aged children. Many men gift their wifes spa holidays of two - three days away from children . My nephew of 2.5 year old stayed with me for 7 days to allow a break to the parents of the child and he stayed really happy . The older generation judges have never themselves confidently looked after baby aged children and hence protray their own fears amd not recognising the reality of the new age men who is confident of looking after children.

This was was right judgment for his generation not ours.


Blogger Jinesh Zaveri said...

i fully agree.

9:42 AM  
Anonymous Anonymous said...

"Of course it beats me in the 21st century why can;t these fit women work and live their life instead of demanding money from their hubbies "
hwta is wrong with thsi ? whne guys can demand the girls side tos pend during wedding and tehy say girls side is reponsible for whole of expenditure and they try to ask as many thinsg as possible from spoon to tissue paper!! and inturn not spend much during wedding. even fr child birth girls side ppl are suppsoe dto spend . so all the guys side do is make girls sid eto spend. why not demand ?
if money is so imp for guy its imp for girl too. when teh guy who cannot look after and spoil a girls life he must be taught atleast a small lesson

11:03 AM  
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Anonymous matrimonyhouse said...

really nice post .

5:12 AM  

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