In 2010, an average of 157 criminal cases were filed (instituted) per month. This figure came down in subsequent years and scaled down to 78 per month in 2015, the reply furnished by Superintendent, Family Court, Mumbai in response to the query filed by RTI activist Vihar Durve, said.

However, fresh cases instituted in the family court in the last three years have remained, more or less the same.

In 2013, 697 fresh cases were instituted per month and in the next year (2014), only 685 fresh cases were filed. Whereas in the current year (2015), 681 fresh cases were filed per month upto September 2015.

As per law, criminal cases in the family court are filed under section 125 of CrPc, whereas, all the cases of matrimonial losses are filed in the civil category.  

Reacting on the trend, advocate Sajan Oomen, senior counsel and former president of the Family Court Bar Association, said that normally when a petition is filed for restitution of conjugal rights, divorce or nullity of marriage, the wife can claim maintenance under different
provisions of maintenance to wife and children.

"And therefore, in such a situation, separate proceedings are not filed under section 125 of CrPc and this is the reason why criminal cases in the court have been reducing," explained Oommen.

Latest News from State News Desk