{
  "id": 9954363,
  "title": "‘Process is punishment’: Justice Nagarathna flags ‘weaponising litigation’ in family courts",
  "url": "https://urgent.news/2026/09/26/process-is-punishment-justice-nagarathna-flags-weaponising-litigation",
  "topic": "world",
  "section": "World",
  "published": "2026-09-26T09:43:28.000Z",
  "source": {
    "name": "The Indian Express",
    "slug": "the-indian-express",
    "url": "https://indianexpress.com/article/legal-news/process-justice-nagarathna-weaponising-litigation-family-courts-10894995/"
  },
  "original_language": "en",
  "account": "Supreme Court judge B V Nagarathna warned that family courts can become a tool for humiliating and financially harming litigants, describing this as \"weaponisation of litigation.\" At an Eastern Zone conference on alternative dispute resolution in family matters, Nagarathna emphasized that the process itself should not be the punishment, but rather a means to preserve dignity and protect rights. She highlighted the need for specialised professionals, such as child psychologists and trained mediators, to address the unique challenges of custody disputes, including the welfare of children and the rights of parents. Nagarathna stressed that the primary consideration in child custody should be the child's best interests, rather than the rights of the parents. She also advocated for a shift in the role of lawyers in family courts, suggesting they act as amici curiae, assisting the courts rather than aggressively representing their clients. The Gauhati High Court Chief Justice underscored that family disputes differ fundamentally from other disputes, emphasizing the importance of preserving family unity and tailoring the appropriate resolution process to the specific circumstances of each case.",
  "summary": null,
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 2,
    "also_reported_by": [
      {
        "outlet": "Hindustan Times",
        "title": "SC judge Nagarathna stresses integrating adjudication, ADR for resolving family disputes",
        "url": "https://urgent.news/2026/09/26/sc-judge-nagarathna-stresses-integrating-adjudication-adr-for",
        "published": "2026-09-26T08:44:21.000Z"
      }
    ]
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}