Judge of the Supreme Court Judge BV NAGARATHNA DURATION A regional conference of the southern zone on ‘Family: The basis of Indian society’, in Bengaluru, Karnataka, Saturday April 12, 2025. Credit of the photo: PTI
The judge of the Supreme Court, Judge BV Nagarathna, on Saturday (April 12, 2025) said that the family institution in India today is experiencing a rapid transformation and these changes are deeply affecting not only the structure and functioning of families, but also the legal system.
This transition, he said, will be promoted by a multitude of factors that include greater access to common education, to the increase in urbanization, greater mobility of the workforce of individualistic aspirations and the growing economic independence of the women who are going. The law also has help in this transformation.
Speaking at the Regional Conference of the South Zone on “Family: the basis of Indian society”, Judge Nagarathna emphasized that in each civilization, the family has been recognized as the fundamental institution in society. It is the link to “our past and a bridge to our future.”
She suggested that the socioeconomic liberation of women due to education and employment should be considered positively and encouraged by society. Such women, not only contribute to the welfare of the family but also to the nation.
Judge Nagarathna said that a significant percentage of family disputes that are currently with the courts of India would be resolved in both parties take two steps.
“The first is to have an understanding and respect for the other and the second is an awareness at once. This is in the context of the husband and wife. What, in the opinion of the other couple, is problematic, the other couple must reason such action in the first couple,” he explained.
The SC judge, who is also the president of the Family Court Committee of the Apex Court, said that the partners should actively try to understand the perspective and reasoning of the other of the other partner’s lens. This will help create a commitment between the partners instead of growing at a dispute.
“Once such an attitude is cultivated in all parts of Mariard or those who are partners outside Mariaage, it will be evident that it is not the growing financial and social liberation of women that is the main cause of growing disputes and it is the lack of updated socio -economic situations, particularly that of women who are in the heart of chry purchases in the family,” he said.
According to the judge of the Supreme Court, such practices or these two steps will also mean that men will realize that in this era, they must also empower their monetically wives who work 24 hours a day, 24 hours a day, housewives without expecting anything in return. The practice of these two steps will also have a deep impact on children’s education.
Judge Nagarathna highlighted how the lack of change in the attitudes of society also has indirect effects on the growing number of cases before the family courts. The first and main problem is the explosion of the file and the increase in the pendency of the cases.
Citing a media report that almost 40% of marriages in the last decade have ended in divorce and separation, he said: “This means that the number of family courts in India is not enough to treat the growing institution of cases. Consequently, there is an impressive burden on the presidents of the Family Courts.”
“As there are also limited financial resources and constantly inappropriate infrastructure facilities, this leads to the overcrowding of … and inadequate support services day by day to impart justice,” he added.
Judge NAGARATHNA stressed the need for advice and mediations prior to litigation as a mandatory procedure. This is because the crystallization of a dispute in the form of pleasure of results in polarization between the parties.
According to her, the family courts must have trained mediators, or retired judges as mediators, to prevent the dispute from entering the Family Court. Consistently, what happens otherwise, what has begun as a dispute between the parties, probably about a breakfast, not a bee, or a spouse that is not prepared in time for an event could lead to multiple disputes that lead to the decomposition of the intermediary.
“Children are the main patients in thesis cases. This also results in procedural and possible delays of contradictory orders is approved by different courts,” he added.
Published – April 13, 2025 4:30 pm ist
