Concept of Family Courts « »

14-Dec-2023

Tags: Hindu Law The Family Court Act, 1984.

Introduction

Before 1984, all family matters were heard by the ordinary civil court judges who used to
take a long time to provide relief to the parties.

The regular courts are burdened with so many civil matters that no attention was given to
the family-related disputes.

The Law Commission in its 59th Report (1974) also emphasised that there is a need to
distinguish the family-related disputes from common civil proceedings and reforming
efforts should be made to settle the disputes between a family.

Therefore, to provide speedy settlement with fewer expenses and formalities, in disputes
relating to marriage and family and to make an agreement between the parties for their
conciliation, the Family Courts Act, 1984 was enacted by Parliament on 14, September
1984 to establish family courts in India. This act contains 6 chapters and 23 sections.

Objectives of the Family Court

To provide speedy justice and disposal of family cases at the earliest.

To promote conciliation and mediation in disputes relating to marriage.

To preserve family ties.

To solve the matter of family within a short period.

Establishment of Family Court

Section 3 of the Family Court Act, 1984 provides that, the State government, after
consultation with the High Court shall establish the family court in every area of the state
where the population is exceeding 1 million or in the area where the State government
deem necessary.

Appointment of Judges (Section 4)

Section 4 of the Family Courts Act, 1984 says that the state government has the power to
appoint one or more persons as the judges of the family court after consulting with the
High Court.

For Appointing a Judge of the Family Court

Following qualifications are required-

He must have worked as an advocate of a High Court or two or more courts of succession
for a term not less than seven years; or

He must possess such qualifications as prescribed by the Central government after

He must not have attained the age of sixty-two years.

Jurisdiction of the Family Court (Section 7)

Section 7 of this act grants the family courts the same powers and jurisdiction as the
District Court or Subordinate Civil Courts in their suits and proceedings.

Section 7 (2) gives the family courts the authority to exercise the same jurisdiction as a
Magistrate of the First Class under Chapter IX of the Code of Criminal Procedure, 1973, as
well as any other jurisdiction provided by law.

Types of Cases that are heard in Family Courts

Dissolution of marriage

Custody of child

Domestic violence

Maintenance

Property disputes

Dissolution of Marriage

When someone wishes to terminate their marriage, they can file a case in family court and
get a court order. Divorce and annulment processes may be used to end a marriage.

The court can also issue a separation in which the parties remain legally married but
receive property, alimony, and child custody orders.

Child custody

The explanation (g) in Section 7(1) provides that the family court has jurisdiction to grant
the custody of the child to a proper person and to make that right person the guardian of a
minor.

Property Disputes
As per the explanation (c) of Section 7(1) of the family courts act, the family court has
jurisdiction over the disputes related to the property of the parties to the marriage.

Maintenance

Under the Family Court Act, explanation(f) of Section 7(1) clearly provides that the family
courts have jurisdiction over the suits or proceedings for maintenance.

Also under Section 7(2), the family courts have the power to exercise a jurisdiction which is
exercised by a Magistrate of the first class under Chapter IX of the Code of Criminal
Procedure, 1973, (CrPC), which is related to maintenance of wife, children and parents.

This means the family courts can grant maintenance under Section 125 of CrPC.

Domestic Violence Protection Orders

Domestic abuse victims can obtain protection orders from the family court to keep their
assailant at bay.

Procedures followed by the Family Courts

The family court shall be deemed to be a civil court and shall have the powers of such
court.

Section 10(1) applies the provisions of the Code of Civil Procedure, 1908, in the suits or
proceedings of the family court.

Section 10(2) says that the provisions of the CPC, 1908 are applied on the suits and
proceedings of the family court, under chapter IX of the code.

Section 10(3) gives power to the family court to lay down its own procedure according to
the circumstances of the suit or proceeding or at the truth of the facts made by one party
and refused by another, intending to arrive at a settlement.

Section 11 of the act, the proceedings of the family court may be held in camera, if the
court feels so, or any party to the suit wants to do such.

The family courts work with fewer formalities, they don’t record the lengthy evidence of
witnesses, only that evidence of the witness is recorded which is related to the subject
matter.

According to Section 14 of the act any report, statement or document, related to the
subject matter is admissible under Indian Evidence Act, 1872 (IEA).

Also, as per Section 15 of the act, it is not necessary for a family court to record the
evidence of a witness at length, only that part is sufficient which is related to the suit or
proceeding, and it should be signed by the judge and the witness.

Duty of Family Court (Section 9)

It prescribes the duty of the family court to make efforts to promote reconciliation
between the parties.

As per Section 9(1), in the first instance, the family court, in every suit or proceeding, shall
make efforts to convince the parties to settle the dispute with an agreement.

According to Section 9(2), if the family court finds that at any stage of the proceeding there
is a reasonable probability of settlement between the parties, the court has the power to
adjourn the proceedings until the settlement is reached.

Personal Appearance is Mandatory

Personal appearance is mandatory in a family court. Parties must not be entitled to be

Records of Oral Evidence and Affidavit

The court shall record what the witness deposes, and the memorandum shall be signed
and form a part of a record.

The court may, on the application of any of the parties, summon and examine any such
person as to the facts contained in the affidavit.

Judgment

The judgment of a family court shall contain a concise statement of the case, the point for
determination, the decision thereon, and the reasons for such decision.

Appeal

An appeal against the judgment passed by the family court can be filed in the High Court
within 30 days of the date of judgment.