Between Law and Life: The Human Cost of Delays in Family Court

The number of family disputes has been steadily increasing, leading to significant harassment and complications for those involved. People are facing various harassment and complications with this. While family law procedures may appear straightforward in legal texts, they are often complex and time-consuming in practice. Resolving family disputes relies heavily on the goodwill and cooperation of the parties involved. Without this, the process becomes increasingly prolonged and challenging. Although in some cases compromise is reached between the parties through advocates but in most cases neither party wants to settle the dispute easily. Many times it is seen that they file a case against each other due to anger. According to Section 5 of the Family Courts Act, 2023, subject to the provisions laid down in the Muslim Family Law Ordinance, 1961, the learned Family Court shall have exclusive jurisdiction to entertain, try and dispose of any suit in the Family Court relating to or arising out of all or any of the following matters, namely: a ) separation; b) restoration of conjugal rights; c)dower; d)maintenance; and e) guardianship and supervision of children. These issues are especially litigated in family court.

 If the defendant in a family suit lacks financial resources or good faith, the resolution process can become exceptionally lengthy. Here there are two parties, one is the plaintiff, and the other is the defendant. When the plaintiff is a woman, she usually has demands for her dower, maintenance of herself and the child (if any), guardianship of the child, etc. When the defendant is unwilling or unable to pay this maintenance, he tries his best to prolong the case. When the defendant does not have bona fide intention, he collects information about the case without appearing in court, even after being aware of it at the beginning of the case. When the case proceeds ex parte, the defendant may eventually appear, often after delaying the trial, and then request additional time on various grounds to submit a written statement. Additionally, the high volume of family cases and limited number of judges often force courts to grant extensions, further delaying resolution. Thus, the justice seekers are delayed in getting their desired rights.

If the defendant appears at the outset and submits a written statement, the court holds a pre-trial session to attempt a settlement before trial proceedings begin. On the date fixed for the pre-trial hearing, the court will examine the pleadings, written replies, and documents filed by the parties and, if it thinks fit, hear the arguments of the parties. The court will determine the issues in dispute between the parties during the pre-trial hearing and try to reach a compromise or settlement between the parties if possible. After the meeting with the parties to the suit, if the judge of the family court fails to settle their dispute, then the trial begins by framing the issue. After framing of the issue, the defendant prolonged the case by seeking time from the court for various reasons during the course of trial on different dates of the case. Additionally, in divorce cases, lingering pride, anger, and misunderstandings often prevent a straightforward resolution.  In the context of family disputes in Bangladesh, a common scenario occurs when a husband and wife experience a misunderstanding or conflict, leading to the wife leaving her husband’s residence and returning to her paternal home. In such situations, the husband usually institutes a suit before the court seeking the restoration of conjugal rights or the custody of their children. However, if the wife refuses to return to her husband’s home, the husband typically seeks custody of the children, as guardianship generally lies with the father. In instances where the wife resists the husband’s claim for custody, she may delay the proceedings by requesting adjournments on multiple occasions. This often leads to a prolonged legal process, with the wife asserting her position and seeking time from the court to defend her stance on the guardianship and custody of the children.

During various stages—such as examination-in-chief, witness testimonies, cross-examination, and arguments—parties often request extensions for various reasons. After hearing the arguments, a unilateral or bilateral decree is given depending on the situation of the case. Once a decree is pronounced, an additional case—known as an execution suit—may need to be filed to enforce the judgment. These issuances take the same amount of time as proceedings in a case and a case in its entirety. Generally, the party on whose behalf the family suit has been decreed files an execution suit. Even in this ongoing case, the judgement debtor sought time from the court for various logical or irrational reasons. Many times the accused does not appear until an arrest warrant is issued by the court. Even if the judgement debtor appears in the issued case, sometimes the entire amount is not paid to the decree-holder, and he/she attempts to pay in instalments. Thus, the decree-holder has to wait for a long time to get his/her due rights.

A family court ruling can be appealed to a higher court by a person who is dissatisfied with it. Acceptance of such an appeal results in a temporary suspension of the original judgement’s execution. The higher court may decide to uphold, amend, or reverse the original verdict as a result of disagreements between the appellant and respondent during the appeal process. Additionally, even while the matter is still pending, any party who is dissatisfied with an interim order made by the family court may request a modification in a higher court. If there are strong grounds for it, the higher court may decide to temporarily halt the family matter or transfer it to another suitable court after accepting the modification. Family case appeals, amendments, and execution procedures frequently prolong the process, causing individuals seeking justice to wait longer for a settlement. Moreover, the backlog of family cases and limited judges often results in a month or two delay for each hearing, making the path time-consuming.

Judges and lawyers dealing with family disputes should receive specialised training in areas such as child psychology, conflict resolution, and domestic violence. Such expertise would equip judges to handle sensitive family issues more effectively, with a greater focus on equitable outcomes. Certain family cases, such as those involving child custody or domestic violence, require immediate attention. Establishing a fast-track option within family courts would ensure that cases of urgent nature receive timely hearings, reducing harm to vulnerable parties. For instance, ensuring hearings are scheduled with minimal delay and that judgements are issued promptly.

Execution of judgements in family cases is often challenging, with decree- holders struggling to receive timely enforcement. Streamlined processes for judgement execution, such as stricter penalties for non-compliance, could deter parties from delaying tactics and ensure timely relief. Family courts can better meet the requirements of those seeking justice, especially in delicate family cases, by promoting alternative conflict resolution, bolstering legal aid, and introducing computerised case management. Collaboration between the bench and the bar can open the door to creative ideas that go beyond traditional procedures in order to effectively solve the delays in family law matters. The way family conflicts are handled can be changed by judges and advocates that prioritise client-centred settlements and cultivate a culture of proactive case management. For example, advocates can be crucial in helping clients reach negotiated settlements or mediation, which can ease the burden on the legal system and produce outcomes that may benefit both sides. On the other hand, judges can apply organised, accelerated processes designed especially for family conflicts, enabling them to handle these delicate situations with concentration and speed.

By promoting prompt, compassionate, and effective justice for all parties involved, the bar and bench can collectively change the landscape of family law proceedings and guarantee that family cases are handled not only within the bounds of the law but also with the respect and understanding these matters demand.

About the author :

Khushnud Raisa Ushika is an Advocate of the High Court Division of the Supreme Court of Bangladesh, practicing Family Law at the Chittagong District Judges and Sessions Court. She serves as an Examiner (Law) at National University, Bangladesh, and is an Associate at Zia Habib Ahasan & Associates. Additionally, she is a Panel Lawyer and dedicated human rights activist with the Bangladesh Human Rights Foundation (BHRF).