Family Court Law, Cases, Procedure And Everything You Want To Know

Family Court is the Court of Equity constituted to decide matters and make orders in relation to Family Law, for e.g. custody of children.

Basically, “Family Courts” are statutory creations primarily dealing with equitable matters devolved from a Court of inherent jurisdiction, such as a Superior Court.

Family Courts do hear all type of Cases that are related to familial and domestic relationships. Each State surely has a different system utilized to address Family Law Cases; each State strives to provide families with the best possible outcome in Family Law cases.

Family Courts can also issue decisions regarding Divorce cases.

In India, the Family Courts Act, 1984 provides for establishment of Family Courts by the State Governments in consultation with the High Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs and family affairs and fir matters connected therewith.

Under Section 3 (1)(a) of the Family Courts Act, it is mandatory for the State Government to set up a Family Court for every area in the State comprising a city or a town whose population exceeds one million.

In other areas of the States, the Family Courts may be set up if the State Governments deems it necessary.

The main objectives and reasons for setting up of Family Courts are:

1. To create a Specialized Court which will exclusively deal with family matters so that such a Court may have the necessary expertise to deal with these cases expeditiously.
2. To institute a mechanism for conciliation of the disputes relating to family.
3. To provide an inexpensive remedy to cases; and
4. To have flexibility and an informal atmosphere in the conduct of proceedings.

As per the reports received from the State Governments, 535 Family Courts are functional in the country as on 31st Dec, 2018.

NUMBERS OF FAMILY COURTS FUNCTIONAL

The Family Courts are free to evolve their own rules of procedure, and once it does so, the rules so framed override the rules of procedure contemplated under the Code of Civil Procedure.

In fact, the Code of Civil Procedure was amended in order to fulfil the purpose behind setting up of the Family Courts.

Special emphasis is put on settling the disputes by mediation and conciliation. This ensures that the matter is solved by an agreement between both the parties and reduces the chances of any further conflict.

The aim is to give priority to mutual agreement over the usual process of adjudication.

In short, the aim of these courts is to form a congenial atmosphere where family disputes are resolved amicably. Cases here are kept away from the trappings of a formal legal system.

The trap of a formal legal system and the regular process of adjudication causes unnecessary prolonging of the cases and the dispute can worsen over time.

Families do suffer a traumatic experience and the judicial delay lead to personal and financial losses that can have a devastating effect on human relations as well.

With Family Courts, you have guidance counsellors and psychological experts to deal with such matters.

The Act stipulates that a party is not entitled to be represented by a lawyer without the express permission of the Court.

However, mostly the Court grants this permission and usually it is a lawyer which represents the parties.

The most unique aspect regarding the proceedings before the Family Court are that they are first referred to conciliation and only when the conciliation proceedings fail to resolve the issue successfully, the matter taken up for trial by the Court.

Conciliators are professionals appointed by the Court.

Once a final order is passed, the aggrieved party has an option of filing an appeal before the High Court.

Such appeal is to be heard by a bench comprising of two Judges.