“Once such an attitude is cultivated in all parties to the marriage or those who are partners outside marriage, it will be evident that it is not the increasing financial and social liberation of women that is the root cause for increasing disputes rather it is the lack of updating our attitudes and practices with changing socio-economic situations, particularly that of women that is at the heart of rising disputes in the family,” she said.According to the Supreme Court Judge, such practices or these two steps will also mean that men will realise that in this age, they must also empower their wives monetarily who work 24×7 as homemakers without expecting anything in return.The practice of these two steps will have profound impact on the upbringing of children as well.Justice Nagarathna highlighted how the lack of change in the attitudes of the society also has spillover effects on the mounting number of cases before family courts.The first and foremost issue is the docket explosion and increasing pendency of the cases.Citing a media report that nearly 40 per centage of the marriages in the last decade or so have ended in divorce and separation, she said, “This means that the number of family courts in India are not enough to deal with the rising institution of cases. Consequently, there is a heavy burden placed on the presiding officers of the family courts.””As there is also limited financial resources and consequently inadequate infrastructure facilities this leads to overcrowding of….and inadequate support services day by day in imparting of justice,” she added.Justice Nagarathna underscored the need for pre-litigation conciliations and mediations as a mandatory procedure.This is because the crystallisation of a dispute in the form of pleadings often results in polarisation between the parties.According to her, family courts must have trained mediators, or retired judges as mediators, to prevent the dispute from entering the family court.Consequently what happens otherwise what has started as a dispute between the parties probably over a breakfast not being alright or one spouse not getting ready on time to an event could result in multiple disputes leading to breakdown of marriage.”The children are the main sufferers in these cases. This also results in procedural delays and possibly of contradictory orders being passed by different courts,” she added.
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