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In today’s fast-paced society, mounting tensions and misunderstandings frequently undermine family bonds. Family courts play an important role in such situations since they not only resolve disputes but also protect individual rights and develop mutual understanding. They provide a stable and effective platform for resolving family problems while upholding justice and peace.
In India, family courts follow specific legal laws and consider emotional and social considerations when administering justice. They handle issues including marriage, divorce, custody, and maintenance in a simple and quick manner. This article delves into their operations, powers, and responsibilities in detail.
A Family Court is a special court dedicated to handling family-related issues such as marriage disputes, children’s custody, inheritance, and property matters. Established under the Family Courts Act, 1984, these courts focus exclusively on family law cases. Their purpose is to provide a focused judicial setup for resolving family matters with empathy and efficiency.
Under the Family Courts Act, 1984, State Governments are empowered to establish family courts after consulting the High Court and issuing a notification. It is mandatory to set up such courts in cities with a population exceeding one million (10 lakhs).
Additionally, states may establish these courts in other areas based on necessity. The geographical jurisdiction of each family court is defined by the state, which may revise it as needed. This allows for a flexible and planned expansion of the court system.
Family Courts have the same authority as District or Subordinate Civil Courts in family matters. They handle issues such as annulment of marriage, divorce, legal separation, restitution of conjugal rights, and marital problems. They also handle matters concerning spousal property, parenthood, custody, visitation rights, and maintenance.
Under Chapter X of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 the court can also issue maintenance orders, which were formerly reserved for first-class magistrates. Thus, family courts are comprehensive entities with broad legal competence over all marital and family-related matters.
Once a family court is formed in a particular area, existing civil courts or magistrates lose jurisdiction over family cases in that area. Cases that were ongoing in such courts and met the requirements of the Family Court Act are automatically moved to the family court. This streamlines and expedites the process, making justice more efficient and accessible.
Sections 9–18 of the Act govern the working operations of family courts. According to Section 9, the court must attempt to settle conflicts peacefully in the early stages and may suspend proceedings for reconciliation if possible.
Section 10 empowers family courts with civil court authorities while also allowing for flexibility to facilitate conciliation. Section 11 allows either party to request that a hearing be held in private (in camera). Section 12 allows the court to seek expert help, particularly from female professionals in relevant subjects.
Under Section 13, lawyers are not mandatory unless the court finds it necessary. Section 14 allows the court to accept any evidence or information helpful in resolving the case, even if it doesn’t meet traditional evidentiary standards. Section 15 allows the judge to record oral statements in summary form. Section 16 allows evidence to be submitted via affidavit and examined when required.
Section 17 mandates that judgments be brief and clear, covering all key issues and decisions. Section 18 outlines how orders—civil or criminal—are enforced, allowing parties to approach the same court or any appropriate court for implementation.
These procedural principles improve family courts’ efficiency, flexibility, and sensitivity to the requirements of the parties involved.
Limited access in some areas: Many regions continue to lack dedicated family courts, driving cases into the general court system.
Shortage of counsellors: The scarcity of emotional support experts undermines peaceful resolutions.
Non-uniform rules: Differing procedures among courts cause confusion and delays.
Lack of awareness: People frequently lack knowledge of their rights and legal procedures.
Difficulty acquiring evidence: The personal nature of family cases makes it difficult to obtain evidence and witnesses.
Language and Communication Barriers: These can lead to misunderstandings during judicial procedures.
Financial Burden: Legal fees dissuade some people from pursuing justice.
Emotional strain: Strong emotions in family disputes might hamper the legal process.
Overburdened Courts: High caseloads generate major delays in hearings and resolutions.
Family courts are an extremely effective and sensitive forum for settling family problems. They deliver quick, fair, and empathic resolutions that protect individuals’ rights and help families reunite. These courts provide a specialised pathway for people to handle personal and family concerns legally, hence reinforcing societal bonds.
Getting the right legal advice is critical in family law cases because it helps people understand the process and protects their rights. Timely and appropriate counsel can help the resolution process go more smoothly and successfully. In such instances, consulting Adv. Abdul Mulla, the author of this article, through www.asmlegalservices.in or www.lifeandlaw.in can be advantageous.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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