Aegis Legal is one of the best Family Court litigation firm in Delhi India which has very extensive practice of matrimonial dispute cases, dowry harassment cases, domestic violence cases, divorce cases, custody of child cases & maintenance cases across every level including family court level, high court level and Supreme Court level across Delhi & India. Now a days, as divorce cases are growing up in India we have set up as separate team for family court practice under as senior partner who has the experience of dealing with matrimonial dispute since last 25 years.
Family courts in India are specialized courts established by the Family Courts Act, 1984, with the primary goal of resolving disputes related to marriage and family affairs in a conciliatory and speedy manner. Family courts handle a wide range of cases, including the cases like divorce, custody, maintenance and guardianship, with the objective of preserving family ties and providing quick justice.
The main objectives of family courts are to provide a specialized forum for resolving family disagreements, also to promote conciliation and for speedy settlements and also offers a safe atmosphere for the couple to resolve their respective matrimonial issues.
Before 1984, all family courts were a branch of civil courts only and all the matters related to the family courts were heard and adjudicated by the Civil Judges resultant to which the family related matter took comparatively a longer time as expected for the just adjudication. Then the Law Commission in its 59th Report 1974 emphasized to separate the family related matters from the Civil matters so that the burden over civil courts can also be reduced ans also the family related matters can be heard and also can be adjudicated in time. Therefore, to provide speedy settlements and fewer expenses and formalities, Family Courts Act, 1984 was enacted by Parliament on 14th September 1984. This Act, contains 6 chapters and 23 sections.
Section 3 of the Family Courts Act, 1984 provides that the State government, after consultation with the Hon’ble High 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.
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.
Section 7 of the Act grants the Family Court the same authority and the jurisdiction as the District Court or Subordinate Civil Courts in their suits and proceedings. Section 7(2) of the Act gives the Family Court the authority to exercise the same jurisdiction as a Magistrate of First Class under the Cr. P.C 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)
Section 9 of this act prescribes the duty of the family court to make reasonable efforts for reconciliation between the parties.
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 represented by a lawyer. They must appear themselves and put their case forward.
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.
