The Madras High Court today ordered issue of notice of to its Registrar General on a petition filed by an advocate seeking to declare the decision to run Holiday Family courts here as illegal, unconstitutional, discriminatory and ultra vires of the Family Courts Act.
The bench comprising Chief Justice R K Agrawal and Justice M Sathyanarayanan, which also allowed an impleading petition by the Women Lawyers Association, ordered issue of notice to Secretary to Home (Courts), Tamil Nadu.
In her petition, advocate Sudha Ramalingam submitted that from the date of establishment of Holiday Family Courts on July 10, 2010, women lawyers were put to great hardship as during weekends and other holidays, ignoring the family and professional commitments, Family Court attending advocates were forced to present before the Presiding Officers without any justification.
She submitted that on March 11 this year, Women Lawyers Association had passed a resolution against attending Holiday Family Courts as it was causing inconveniences and hardships besides violation of human rights.
She said Rule 3 of 1996 framed by the Registrar General of Madras High Court does not enable the High Court to direct the Family Courts at Chennai to function on holidays.
She contended that in the absence of any rule framed by the Full Court under section 21 of Family Courts Act, there is no provision or no other power vested with this Court to order for Holiday Family Courts.
She contended the Judges and staff of Family Courts are governed by the Tamil Nadu Leave rules framed under Article 309 of the Constitution.
