Indian families undergo rapid changes that affect law and society: SC Judge BV Nagarathna

Supreme Court Judge BV Nagarathna at the regional meeting of the Southern Region “Family: Indian Social Foundation” in Bangalore, Karnataka, Saturday, April 12, 2025. Image source: PTI

Supreme Court Justice BV Nagarathna said on Saturday (April 12, 2025) that the family system in India is undergoing rapid transformation, and these transformations have not only affected the structure and function of the family, but also the legal system.

She said this transition will be driven by many factors, including more access to common education, increased urbanization, greater mobility of the labor force, from individualist desires and growing economic independence of women to education. Law also contributes to this transformation.

Speaking at the Southern Regional Regional “Family: The Foundation of India” conference, Judge Nagarathna stressed that in every civilization, the family is recognized as the basic institution of society. This is the link to “Our past and the bridge to our future.”

She suggested that the socio-economic liberation of women due to education and employment must be encouraged by society. Such women contribute not only to the well-being of the family, but also to the well-being of the country.

Judge Nagarathna believes that if both sides take two steps, a large portion of the family disputes currently lying in Indian courts will be resolved.

“The first is understanding and respect for each other, and the second is understanding of oneself. This is in the context of husband and wife. By understanding the respect for each other, I mean, I mean, every current thing should always consider the interests of another partner. Whenever the first partner seems to do something, the other partner’s perception is another partner, and the other partner must have the cause of the problem, and this action must be used in the first partner.

Judge SC, who is also chairman of the Supreme Court’s Family Court Committee, said partners must actively try to understand other partners’ perspectives and reasoning. This will help build engagement among partners rather than escalating it into controversy.

“Once this attitude is cultivated in all parties of marriage or in partners outside of marriage, it is clear that the increasing economic and social liberation of women is the root cause of increasing controversy, but rather the lack of renewing our attitudes and habits because our attitudes and customs in the socio-economic situation are constantly changing, especially at the core of changing women, especially at the core of changing families, at the core of the family.

According to the Supreme Court judge, this practice or both steps will also mean that people will realize that in this age, they must also give their 24×7 working wives in currency without expecting any reward. The practice of these two steps will also have a profound impact on children’s growth.

Justice Nagarathna stressed how a lack of change in social attitudes would also have spillover effects on the continued number of cases in the family courts in advance. The first and first problem is the explosion of the case file and the increase in duration.

She cited media reports that nearly 40% of marriages ended in divorce and separation over the past decade or so, saying: “This means that the number of family courts in India is not enough to deal with the ever-increasing number of cases.

She added: “Because financial resources are also limited, the infrastructure is insufficient, which leads to overcrowding. … under-providing support services every day.”

Justice Nagarathna stressed the need for preview settlement and mediation. This is because the crystallization of disputes in the form of a complaint usually leads to polarization between the two parties.

According to her, the family court must have trained a mediator or retired judge as a mediator to prevent disputes from entering the family court. So what happened otherwise started with a dispute between the parties, which could be a bad thing at breakfast, or a spouse failing to prepare for the event on time, could lead to multiple disputes that led to a breakdown of the marriage.

She added: “In these cases, the children are the primary patients. This also leads to delays in the process and may lead to contradictory orders adopted by different courts.”