The Supreme Court o issued notice on an appeal filed by the Allahabad High Court against its own judgment placing family courts under the superintendence of the High Court. The notice was issued by a Bench comprising Justice RanjanGogoi andJustice R. Banumathi on a petition challenging a judgment passed in July last year. The petition before the High Court had been filed by the U.P. Judicial Services Association challenging two contradictory provisions- Rule 36 of the Uttar Pradesh Family Courts Rules, 1995, and Rule 58 of the Uttar Pradesh Family Courts (Court) Rules,2006.
The Court had ruled in favor of the Petitioner, observing, that the matters relating to matrimonial disputes are very sensitive which are required to be resolved amicably with the assistance of senior and experienced judicial officer. Since the State and the High Court have adopted a policy of filling the posts of Principal Judge, Family Court by way of deputation. Thus maintaining the old pattern to work of Principal Judge Family Court under the control of District Judge is not workable situation.