This article has been written by Jenia Begam , a 5th year BA.LLB student of  LJD Law College , University of Calcutta”

Abstract 

In India, family courts play a crucial role in settling cases involving marriage, divorce, child custody, maintenance, and other related issues. It responds to a range of petitions for remedies and court orders. The court handles a wide range of conflicts to meet the various requirements and worries of people as well as families. A fair and reasonable settlement of family disputes necessitates legal counsel, and navigating the legal terrain of these petitions demands a detailed grasp of them. The types and varieties of petitions that are filed with the court will alter along with the evolution of family structures.

Introduction 

According to the National Judicial Data Grid (NJDG), there are around 3.7 million cases outstanding before Indian High Courts, District Courts, and Taluka Courts, making the Indian Judiciary the greatest backlog of pending cases in the world. The backlog has been made worse by the civil cases that ordinary courts have to handle, which frequently means that family-related conflicts are overlooked. The creation of special courts to enable prompt resolution to family-related problems is the result of pressure from charity organizations and private citizens. In its 59th Report (1974), the Law Commission stressed the need to modify efforts to mediate family issues and to distinguish family-related problems from ordinary civil processes. The parliament passed the Family Courts Act in 1984 to expedite resolutions and enable parties to mediate conflicts about marriage and family.

Family Court Act , 1984 

On September 14, 1984, the Family Courts Act 1984 was passed with the intention of offering a secure means of resolving conflicts originating from marriage and family. The statute guarantees a prompt and effective settlement of family court cases with its six chapters and 23 sections. 

 How was the Family Court Established ? 

According to Section 3 of this act,The State Government, after consulting with the High Court, will establish a Family Court for every area in the state with a population exceeding 1 million people. If  necessary, the State Government may also create Family Courts in other jurisdictions. The State Government will designate the Local Limits of the Family Court’s jurisdiction following the agreement with the High Court. These limitations are subject to change at any moment by the State Government. The purpose of this Act is to use the authority and capabilities granted to a Family Court.

Objectives of this Act : 

• To  deliver prompt justice and to resolve family cases as soon as possible.
• To  encourage marriage-related conciliation and mediation.
• To maintain family relationships.
• To  quickly find a solution for  the family issue.

Overview of Family Courts: 

• Courts have specialized knowledge in family law that facilitates speedy case settlement.
• Assist in mediating family conflicts so that they can be settled amicably.
• To ensure that everyone can access justice, strive to offer reasonably priced legal options.
• Provide a more relaxed and accommodating environment to reduce the anxiety and stress related to court cases.

Appointments of  Judge : 

Judge appointments in the Family Court are defined by Section 4 of the Family Courts Act, 1984. Judge appointments by the state government are subject to approval by the High Court. When the Principal Judge is not present or is unwell, the Additional Principal Judge has the same authority to allocate court work. Ensuring fairness and justice in family courts is the Principal Judge’s primary responsibility. The state government and the High Court are collaborating on the appointment procedure.

Appointment Requirements for Family Court Judge : 

• A minimum of seven years of experience as a tribunal member or in an Indian judicial office.
• Seven years of experience as an advocate in a High Court or succession courts.
• Possess the qualifications required by the Central Government following consulting with the Chief Justice of India.
• Must be under the age of sixty-two.

What is Petition ? 

A petition is a written request to the court for relief from a legal matter that is filed by the petitioner and answered by the respondent. Petitioners usually file in family court in matters involving divorce, child custody, or domestic abuse. 

There are several kinds of petitions that come before family court

1. Divorce
2. Maintenance 
3. Child Custody
4. Domestic violence 
5. Property Dispute 

Divorce 

Due to its huge population, India has a high number of married couples, which raises the possibility of problems between the couples and their families. Couples frequently turn to the legal system for remedies to address these problems. Muslim Women (Protection of Rights on Divorce) Act, 1986, Parsi Marriage and Divorce Act, 1936, Divorce Act, 1869, Special Marriage Act, 1954, and  Foreign Marriage Act, 1969 are among the acts that allow divorce decrees to be accepted by family courts in India. Under the Hindu Marriages (validation of processes) Act, of 1960, appeals may be made for the dissolution of Hindu marriages.

In  the case,  the husband in Reddy Anada Rao v. Ms. Totavani Sujatha claimed that the marriage was void because he was forced to marry the respondent at a Hindu temple. According to section 5 and section 11 of the Hindu Marriage Act , 1955 this marriage was deemed invalid by the family court if it was forced into or without permission. The husband filed an appeal with the High Court, which determined that, under Explanation (a) of Section 7 of the Family Courts Act, 1984, the family court has jurisdiction over disputes originating from marriages of any caste or faith. The court decided that because it was made very clear that the marriage was void if it happened, the appeal for a dissolution of marriage could not be maintained in the family court.

Maintenance

The Family Court Act’s 1984, explanation (f) of Section 7(1) states that maintenance claims and processes fall under the jurisdiction of the family courts. Additionally,  the family courts can grant maintenance under Section 125 of the CrPC because they are empowered to exercise a jurisdiction that is currently exercised by a Magistrate of the first class under Chapter IX of the Code of Criminal Procedure, 1973. This jurisdiction relates to the maintenance of the wife, children, and parents.

In the case of  Rana Nahid v. Sahisul Haq Chisti , the Supreme Court rendered a decision comparing the family court’s authority under the Muslim Women (Protection of Rights on Divorce) Act, 1986. In one example, a Muslim lady was harassed for her dowry and was ejected from the house; she then asked her husband for maintenance. Her case under Section 125 of the CrPC was allowed by the family court, leading to a maintenance award of Rs 3 Lakh for her wife and Rs 2000 for her child each month. The High Court determined that the family court lacked the authority to issue such an order in response to the husband’s challenge to the court’s jurisdiction under the 1986 Act. The wife then filed a Supreme Court appeal.

Child Custody

According to The Family Court Act under explanation (g) section 7(1) that the family court has the authority to assign guardianship or child custody to an appropriate individual. The family court, where the father often resides, hears cases about child custody. For example, a father lives in West Bengal , so he has to file a case in the family court of West Bengal  to get custody of his young child. Also Family Court has power to accept petitions under section 26 of  the  Hindu Marriage Act, 1955 and  The Hindu Minority and Guardianship Act , 1959 .  

The case of Gaytri Bajaj v. Jiten Bhalla (2012) emphasizes the significance of the court’s decision-making when it comes to deciding minor child custody under the Hindu Minority and Guardianship Act of 1956. Rather than focusing on which parent has the greater right, the court must take into account the child’s desires, the availability of an appropriate environment, and the parent’s abilities and resources to care for the child. The health of the child and the court’s discretion are taken into consideration when deciding who gets custody.

Domestic violence 

Domestic violence, as defined under Section 3 of the Domestic Violence Act, refers to any act or conduct that harms or endangers the health, safety, life, limb, or well-being of the aggrieved person, including harassment, threat, or coercion for unlawful demands for dowry or other valuable security. This includes all actions that cause mental, physical, emotional, sexual, or economical harm to the aggrieved woman. 

Although the Protection of Women from Domestic Violence legislation, 2005 (DV Act) gives family courts the authority to handle domestic violence cases, the family court laws do not have special jurisdiction over them. The Domestic Violence Act of  Section 26 enables victims to request relief from family courts as well as magistrate courts, ensuring that domestic violence is dealt with properly. The criminal and civil courts are not the only ones given authority by this law.

In the case of Sudhannya K.N. vs. Umasanker Valsan, the Kerala High Court held that the Domestic Violence (DV) Act is broad, allowing women to file lawsuits in family court or magistrate courts. The court further declared that Section 26 permits the family court to grant residency orders and temporary protection. The DV Act has to be used more effectively since the court discovered that the family court’s authority is not clearly defined, which causes many victims to contact the magistrate rather than the family court.

Property Dispute 

According to Section 7(1)(c) of the Family Court Act, the court has jurisdiction over disputes involving the property of married couples. Usually, these disputes surface following the issuance of the divorce decision. If the litigation or procedure is only between married couples and not related to any party’s property, the court may consider it.

 In the case of  Mrs. Mariamma Ninan v. K.K. Ninan (1997), the wife requested separate possession and claimed property division. She also paid Rs. 3 lakh towards the building of the property. Her petition was denied by the family court, which ordered her to launch a civil lawsuit instead. However, the High Court overturned the family court’s ruling and declared that the matter was within the family court’s jurisdiction, sending the case to the family court to resolve the dispute.

Challenges faced by Family Courts

• The Family Courts Act of 1984 aimed to provide a novel forum for the resolution of family-related issues.
• The primary goal was to facilitate a quick resolution of marital and family problems with the least amount of costs and formality.
• The Act’s scope was restricted to subjects concerning marriage, maintenance, and divorce, without defining the term “family”.
• Although most states have not made good use of these powers, the Act gave the state government the authority to establish regulations governing the operation of the family court.
• It was challenging for parties, particularly women, to communicate their issues again since counselors and other authorities kept switching.
• The family court adheres to the rules of the civil process, making it challenging for the average person to comprehend the intricate legal requirements.
• The law made it difficult for common people to understand court procedures and formalities by eliminating the role of solicitors in the lawsuit.
• Due to the counselors’ patriarchal approach and the judges’ conventional thinking, the legislation was unable to guarantee gender justice and equality.

Conclusion 

The Judges in regular civil courts handled family cases before to 1984, and they were slow to offer relief. To transfer family and marital issues from traditional courts to a more accessible court system for ordinary people, the Family Courts Act was enacted in 1984. To Promoting resolution and prompt assistance was the goal. These objectives were not met, though, and it is now generally accepted that the quick fix is a fallacy. Family courts must take the necessary actions to ensure their successful functioning.

References