This article has been written by Ms. Kumari Shalini, a fourth-year student of Lloyd Law College, Greater Noida.

ABSTRACT

The purpose of the 1984 Family Court Act was to establish a fundamentally different methodology for the Family Court than is typically used in regular civil procedures. Late Smt. Durgabai Deshmukh was the first to highlight the importance of setting up Family Courts. Following a 1953 journey to China, where she had the opportunity to see how family courts operated, Smt. Deshmukh spoke with several judges and legal experts about the topic before putting Prime Minister Pt. Jawaharlal Nehru’s plan to establish Family Courts in India into action. Not only property disputes but human problems are handled by the Family Court. As a result, rather than being academic, abstract, or dogmatic, its attitude to marriage concerns is far more constructive, affirming, and productive. Matrimonial concerns need to be handled sensitively and from a human perspective. Care must be used while handling delicate matters about marriage, and legal laws must be defined and interpreted while keeping in mind the frailties of human nature. So, concerning this, we will learn about the duties and functions of the family courts, the roles of Family court judges, and case laws with the help of the Family Court Act, of 1984. 

INTRODUCTION

The State Government is responsible for establishing Family Courts and overseeing their operation in collaboration with the corresponding High Courts. The Family Courts Act of 1984 mandates that State Governments establish Family Courts after consulting with High Courts to facilitate conciliation and ensure the prompt resolution of marital and family-related conflicts. Under the Act, any city or town with a population of more than one million must have a Family Court established by the State Government. If state governments determine it is necessary, Family Courts may be established in other parts of the States. The 14th Finance Commission suggested creating 235 Family Courts in districts without any between 2015 and 2020. The Commission also recommended that State Governments use the increased budgetary room with tax devolution (32% to 42%). As of October 2023, 775 Family Courts are operating nationwide.

The family court is the legal arena that people use when they have a problem or disagreement about domestic matters. Judges in this field handle a variety of emotionally taxing matters, including adoption and marriage, as well as emotionally taxing situations like divorce, domestic abuse, and custody disputes. All of these instances elicit strong emotions, whether they are happy or sad, which is why it is essential to engage with a family law attorney who can provide a more detached viewpoint throughout the process. Considering the significant influence family courts have over some of the most significant life events, it is important to learn more about the kinds of cases they take on, the rights of the people involved, and the resources available to the public to help them make sense of this area of the legal system.

The primary goal of these courts’ establishment was to remove family law cases from the tense settings of ordinary courts and create a friendly setting in which to handle disputes including marriage, divorce, child custody, alimony, etc. As previously indicated, increasing system efficiency as opposed to completely altering the system is an efficient strategy to address the issue of pendency. Utilizing the available human resources is a crucial first step.

Establishment of a family court

According to Section 3 of the Family Court Act of 1984, these courts must be formed in towns or cities with populations of one million or more, or in any location where the state government deems it appropriate to do so. Camera proceeding is the sole law that grants a special preceding. This refers to a situation where a party declines to testify in court. He has videography skills. Additionally, the video may be used as the main piece of evidence in court. It is required that you attend in person in a Family Court. Parties shall not be entitled to legal representation. They have to make an appearance and present their case.

Appointment of judges in Family Courts 

Section 4 of the Family Courts Act, 1984 addresses the rules about the appointment of judges in the Family court. After conferring with the High Court, the state government may designate one or more individuals as Family Court judges. Any judge may be appointed as the Principal Judge and any other judge as the Additional Principal Judge by the state government, following consultation with the High Court. 

What is the purpose of setting the family courts?

The aim that the family court is based on the assistance of smooth and effective disposal of cases relating to family matters. The purpose of the Family Court Act, according to its preamble, is to establish a Family Court and encourage conciliation in the swift resolution of issues about marriage, family matters, and related matters. The Act’s Sections 7 and 8 address the Family Court’s jurisdiction and the exclusion of jurisdiction in some situations, respectively. The Family Court is required by Section 9 to attempt to settle. As required by section 9(1) of the Act, every effort must be made initially to support and encourage the parties to settle. Under section 9(2) if there is any possibility of any settlement between the parties the court may adjourn the meetings and enable the attempt to settle the same. 

The Family Court focuses on enabling settlement to assist in resolving the disputes between the parties relating to the matters based on very crucial cases that need the attentiveness of the judges, therefore, Family Court Judge must be extremely sensitive to the issue at hand, mindful of the need for prompt delineation, and avoid putting off making decisions because doing so can lead to resentment, which erodes feelings over time. A family court judge must also have total control over the case and not let it drift aimlessly down the unpredictably vast river of time, never knowing when it will crash upon the banks or find refuge in a corner tree that appears to be “still” on some unidentified bank of the river as perfectly highlighted in the case of Shamina Farooqui v. Shahid Khan, 2015. Human approach, sensibility, and consistency are the important qualities that family court judges should profess. 

Numerous rulings highlight the value of settling and restate the Family Court’s responsibilities in facilitating one. The Supreme Court has ruled in the case of Durga Prasad v. Union of India, 1998 that the Family Court is required by Section 9 to attempt to help and urge the parties to settle. Only if it is determined that a settlement is not achievable following the aforementioned exercise should the case be posted for subsequent actions, such as written statement/counter, problems, trial, and so forth.

Cases that family court hears

All family-related legal disputes are handled by family courts. Family court proceedings are typically associated with three main issues: child custody, support, and divorce. Additionally, these courts deal with a broader variety of situations and frequently take into account those that cross over into other legal fields, particularly criminal cases involving claims of abuse and/or domestic violence. Family courts rather than passing a decree focus more on joining the parties so that they don’t drift apart unless no other remedy has been left. The following are a few family law cases that the courts have decided:

• Parental rights on their children’s custody
• legal separations, including divorce
• annulments of marriage,
• guardianship, 
• reproductive rights, and 
• paternity.

Dissolution of marriage has the most numbered cases listed in the family court as the population of India is also the largest which attracts a large number of married couples, so there is more chance of having more case disputes between the two parties.  In India, various acts grant the appeal for a decree of divorce like the Dissolution of Muslim Marriage Act of 1939, the Muslim Women (Protection of Rights on Divorce) Act, of 1986, The Parsi Marriage and Divorce Act, of 1936, The Divorce Act, 1869, The Special Marriage Act, 1954 and others. In the case of Reddy Anada Rao v. Ms. Totavani Sujatha, 2003 both the appellant and the respondent were Christians by day, yet they were married in a Hindu temple according to Hindu customs. The husband, or appellant, filed an appeal to dissolve his marriage and to have his marriage license revoked because he was coerced into marrying the respondent. The family court office questioned if the Hindu Marriage Act, 1955’s provisions rendered the marriage void in and of itself, negating the need for the lawsuit. The judge ruled that the appeal for a dissolution of marriage cannot be filed in family court since the Hindu Marriage Act’s Sections 5 and 11 make it quite evident that a marriage performed under duress or without the consent of either party is unlawful. After the husband filed an appeal with the High Court, the court determined that the family court had jurisdiction over the case in question under Explanation (a) of Section 7 of the Family Courts Act, 1984. The family court has jurisdiction over conflicts resulting from marriages of any caste or creed, as per the terms of this act. 

What procedures are followed by the Family Court

The general method that the family courts follow is outlined in Section 10 of the Family Courts Act, 1984. The Code of Civil Procedure, 1908, is applied in family court procedures and suits under Section 10(1). The family court gains the authority and reputation of a civil court under this application. The Code of Civil Procedure, 1908, states in Section 10(2) that chapter IX of the code applies to family court lawsuits and processes. The general method that the family courts follow is outlined in Section 10 of the Family Courts Act, 1984. The Code of Civil Procedure, 1908, is applied in family court procedures and suits under Section 10(1). The family court gains the authority and reputation of a civil court by this application. The Code of Civil Procedure, 1908, states in Section 10(2) that chapter IX of the code applies to family court lawsuits and processes. The family court may conduct its procedures with cameras in the room. Section 11 of the legislation states that if the court determines it is appropriate or if any party to the lawsuit requests it, family court sessions may take place behind closed doors.

CONCLUSION 

The establishment of these family courts was a proactive move towards clearing the backlog of cases and guaranteeing the efficient administration of justice. But as was already indicated, these courts continue to face troubling issues. As stated in the examples about both the procedural and substantive components of the concerns, the issues surrounding the overall operation of these courts must be considered. The particular requirements of the Family Courts Act give rise to several contentious and controversial problems, such as hiring legal counsel.

The mere enactment of central law is insufficient on its own; at least during the early phases of its implementation, a certain degree of uniformity must be maintained for the legislation to be implemented following its spirit. In addition, it is necessary to review and successfully implement any necessary legislation amendments to guarantee that these courts operate without interference. If these minor actions are scrutinized and put into action promptly, they will significantly increase the likelihood that the Family Courts will accomplish the admirable goal for which they were established.

REFERENCES 

• The Family Courts Act, 1984 (Act 66 of 1984)

• Shamina Farooqui v. Shahid Khan, 2015, CS(OS) No.411/2010
• Durga Prasad v. Union of India, AIR 1998 AP 290
• Reddy Anada Rao v. Ms. Totavani Sujatha, 2003 (1) ALD 713 

• Department of Justice, Family Court, Link for the same is given herein: https://doj.gov.in/family-court/#:~:text=The%20Family%20Courts%20Act%2C%201984,to%20marriage%20and%20family%20affairs.
• The Roles, duties, and procedural functions of family courts, Link for the same is given herein: https://www.tnsja.tn.gov.in/article/The-Role-duties-and-procedural-functions-of-Family-Courts-article.pdf