Hindu, Christian, Muslim and Parsi laws was decided by ordinary
courts, particularly district courts, which had the jurisdiction
conferred upon them under the particular Act. The procedure adopted by
these courts was provided in the Code of Civil Procedure and the
Criminal Procedure Code respectively. This was cumbersome and the
courts did not have the power under law to investigate on their own to
reach final determination.
It was to provide effective and less expensive remedies the Family
Courts were established under the Family Court Act 1984. The Act
confers powers upon the court to use its discretion and bring about
and effective amicable settlement between the parties.
The object and reason for which Family Courts have been
established are to "promote conciliation in securing speedy settlement
of disputes relating to marriage and family affairs and for matters
connected therewith."
Family Courts can lay down their own procedure with a view to
arriving at a settlement in respect of the subject matter of the suit
or proceedings or to find out the truth of what is alleged by one
party and denied by the other.
These courts entertain:
(i) a suit or proceeding between the partied to a marriage for a
divorce of nullity of marriage (declaring the marriage to be null and
void or, as the case may be, annulling the marriage or judicial
separation or dissolution of marriage;
(ii) a suit or proceeding for a declaration as to the validity of a
marriage or as to the matrimonial status of any person;
(iii) a suit of proceeding between the parties to a marriage with
respect to the property of the partied or of either of them;
(iv) a suit or proceeding for an order or injunction in circumstances
arising out of a marital relationships;
(v) a suit or proceeding for a declaration as to the legitimacy of any person;
(vi) a suit or proceeding for maintenance;
(vii) a suit or proceeding in relation to the guardianship of the
person or the custody of , or access to, any minor.
By sections 5 and 6 of the Act, the court has been given power to
associate social welfare agencies and counsellors to enable them to
exercise this jurisdiction more efficiently, effectively and in
accordance with the purposes of this Act.
An appeal from every judgement or order, not being an interlocutory
order of a Family Court, lies to the High Court both on facts and on
law.
A peculiar feature of the Family Court is that they exclude
representation by lawyers. The proceedings before such courts are
conciliatory and advisory in character.
Generally, in most cases, Family Courts dispense with representation
by lawyers. Though this may pose some difficulty in following
complicated procedures and rules, the lacuna, if any, can be made good
by the services rendered by the family associations and counsellors.
The judge can, in due course, bring about speedy justice and
conciliation. However the judges may, in complicated cases, allow
lawyers to appear if the parties so desire and if the courts think it
necessary to do so for the expeditious disposal of matters.
The success of Family Courts depends upon their departing from
procedure as in ordinary suits and evolving a procedure that can help
to obtain truth and information without much expense and time, thus
giving speedy justice.
Appeal lies to the High Courts and to the Supreme Court
under Article 136 of the Constitution.
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