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The Family Courts Act, 1984

What is the Family Courts Act, 1984?

The Family Courts Act of 1984 is a law introduced in India that establishes special courts only for family-related matters. Before this Act, people involved in family disputes, such as couples wanting divorce, parents arguing over child custody, or someone as for alimony (financial support from a spouse), had to go to regular courts.

These courts frequently followed lengthy and complex procedures, which could be too much for families. Even simple cases could take years to resolve, adding to the emotional burden of the people involved.

Think of a couple going through a divorce who need to decide who will have custody of their child. In a regular court, the case could take months or even years, adding extra mental stress on both parents and child. However, under the Family Courts Act, these types of cases are heard in a separate family court, where decisions are made faster and with greater consideration for the feelings of all parties involved.

The Family Courts Act, 1984 was created in order to speed up this process. Under Section 3 it established family courts to handle cases involving marriage, divorce, child custody, adoption, maintenance (financial support), and other family-related issues in a more efficient manner. These courts aim to resolve disputes in a timely and fair manner, with a focus on protecting family members’ privacy and dignity.

For example, if one parent fails to pay the required child support, the other parent may file a case in family court, where it will be heard quickly. The court can then enforce the child support order without further delay, ensuring that the child’s needs are met.

Also, family courts usually promote mediation, in which a neutral third party assists both parties in reaching an agreement without requiring a full trial. For example, two parents arguing about custody may be able to resolve their differences through mediation, saving time, reducing conflict, and focusing on what is best for the family.

What are the objectives of setting up family courts in India?

The primary objectives of establishing family courts in India are to address the unique challenges and requirements of family-related disputes. Here are the main objectives:

1. Speedy Justice:

Family courts aim to provide quick justice by resolving family-related disputes, allowing families to move on as soon as possible and live their life happily.

2. Promoting reconciliation and mediation:

One of the primary goals of family courts is to encourage parties to resolve their disputes peacefully. These courts generally promote mediation, which involves a neutral third party assisting disputing family members in reaching an agreement. This approach not only supports conflict resolution, but also promotes understanding and maintaining family relationships, particularly when children are involved.

3. Child-Centric Focus:

Family courts prioritize the well-being of children in custody and support cases. The goal is to ensure that decisions are made in the best interests of the child. This child-centered approach promotes strong family ties and emotional well-being, ensuring that children's needs are prioritized in legal considerations.

4. Accessibility and Simplified Procedures:

Family courts aim to be more accessible and less formal than regular courts. The goal is to create a welcoming environment in which individuals can present their cases without having to use complex legal jargon or be represented by lawyers. This accessibility allows people to seek justice for their family issues without getting scared by legal complexities.

5. Specialized Knowledge:

Judges in family courts have expertise in family law. This specialization ensures that cases are handled by professionals who understand the complexities of family issues, resulting in more informed and fair decisions.

Dispute Resolution Process

The Family Courts Act, 1984 provides a structured but simplified approach to resolving family disputes. Here's how disputes are typically resolved under this Act:

1. Initial Efforts for Settlement

According to Section 9 of the Family Courts Act, Family Courts must make every possible effort to encourage settlement before proceeding with litigation. Courts try to convince both parties to settle their disputes peacefully. If there appears any reasonable chance that parties will resolve, the court might suspend proceedings to allow for additional settlement attempts.

2. The Role of Mediators and Counsellors

Family courts frequently employ trained counsellors to organise discussions between parties, assisting them in understanding each other’s points of view and managing their emotions. Mediation is another important step in the process, in which a neutral third party assists the involved parties in reaching a mutually agreeable resolution. Mediation is voluntary, but it is strongly encouraged by the courts.

3. Court-Referred Mediation

Courts may refer cases to mediation at their discretion. However, it is not required unless ordered by a court. Mediation results are not automatically binding unless both parties agree on a settlement that is then submitted to the court for approval. Mediation sessions are typically limited to 60 days, but they can be extended if necessary.

4. Outcomes of Mediation

If parties come to an agreement during mediation, it can be formally established as a consent order (a legal agreement approved by the court) which makes it legally binding. If mediation fails, the case goes to trial, where formal legal procedures are used.

5. Cost Implications

Many of the dispute resolution services offered by Family Courts, including initial counselling and mediation, are free of charge. However, if private mediation is demanded, fees may apply, which are typically determined by the parties’ income levels.

Authority and Functions of Family Courts Under the Family Courts Act

Family Courts have specific powers and functions under the Family Courts Act, which are intended to efficiently address family-related issues. Here’s an overview:

1. Jurisdiction

Family Courts have the exclusive authority to hear cases involving marriage, family disputes, and other family issues. Some of the key types of cases that Family Courts can hear include:

Dissolution of marriage (divorce and separation)
Custody of children (deciding who will take care of the children)
Domestic violence (protecting family members from harm or abuse)
Maintenance (financial support for spouses, children, or other dependents)
Property disputes (related to family property)

2. Simpler and Faster Process

Family Court procedures are much simpler than in regular courts. You do not need to follow complicated legal procedures, which makes the process faster and easier for everyone involved. The goal is to reduce the stress and time required to settle family disputes.

3. Promoting peaceful settlements

Family courts always try to assist parties in resolving their disputes without requiring a full court trial. They encourage people to resolve disputes peacefully, often through mediation or counselling. This means that the court will try to help both sides reach an agreement without fighting in court. This can save a great deal of time and emotional stress.

4. Sending cases to mediation

If both parties are willing, the court can order mediation, in which a neutral third party assists them in communicating and reaching a fair settlement. If they reach an agreement, the court will approve it and make it legally binding. This method allows many cases to be resolved without going through the lengthy trial process.

5. Getting Help from Experts

In certain cases, Family Courts can request help from experts such as counsellors or child welfare specialists. For example, if the case involves children, the court may seek expert advice to ensure that decisions are made in the best interests of the child. This ensures that the court has all of the necessary information to reach a fair decision.

6. Making Sure Orders Are Followed

Once the court has made its decision, the order can be enforced. For example, if a parent is ordered to pay child maintenance but does not follow through, the court can take action to make sure that the payments are made. This ensures that the court's decisions are followed accurately.

How to Approach Family Court: Step-by-Step Guide

If you’re dealing with a family-related issue such as child custody, divorce, or maintenance, here’s a quick guide to navigating the Family Court process:

1. Identify Your Case

First, determine the nature of your dispute. Family courts hear cases involving divorce, child custody, maintenance (financial support), domestic violence, and more. Knowing the details of your case will allow you to determine whether it falls under the jurisdiction of the Family Court.

2. Find Your Nearest Family Court

Family courts are located in most of India’s major cities and districts. You can find the nearest one by searching online or going to your local court. Before you visit, make sure to check their office hours.

3. Prepare Your Documents

Collect all required documents, including your marriage certificate, proof of income, and any evidence relevant to your case (such as medical reports or school records). Having organized paperwork will make the process smoother, even if you choose not to hire a lawyer.

4. File Your Case

Go to the Family Court to file an application or petition. Court staff will assist you in filling out the necessary forms. Make sure to include all relevant information, such as names, addresses, and a brief case description.

5. Court Fees

There is usually a small fee to file a case, which differs depending on the nature of the dispute. In certain cases, such as domestic violence, the fee may be removed.

6. Attend Court Hearings

After filing, the court will schedule a hearing date. There may be multiple hearings where both parties present their arguments. Before proceeding to trial, the court may recommend mediation to help settle the dispute easily. If mediation is successful, the court will issue a decree of consent based on the agreement.

7. Receive the final decision.

After hearing both sides, the court will issue a final decision, known as an order. All parties must follow this order. For example, if the court orders child maintenance or alimony, the payor must comply. Failure to do so may result in the court taking further action.

8. Appealing a decision.

If you are dissatisfied with the Family Court’s decision, you have the option to appeal. Appeals must be filed within 30 days of the court order. In an appeal, a higher court will review the case and determine whether the original decision should be defended or changed.

Issues in the Functioning of Family Courts

While Family Courts are designed to resolve family law cases quickly and efficiently, their operation is not without challenges. Several factors can influence how well these courts serve families, prompting debates about the system’s effectiveness.

One major issue is the lack of consistency in the workings of family courts. For example, in Tamil Nadu, family court counsellors are frequently replaced every three months. If a case takes a long time to resolve, the parties involved may have to adjust to new counsellors and tell their story several times. This can increase stress and cause the process to take longer to complete. Find the article on challenges in the family court system here.
Another significant issue is that the Family Courts Act does not clearly authorize judges to issue injunctions (orders to prevent specific actions) in cases of domestic violence. Although the Protection of Women from Domestic Violence Act of 2005 establishes some legal procedures for dealing with domestic abuse, there are still concerns about how family courts handle such cases. The Act must be compatible with other laws, such as the Code of Civil Procedure, but there is confusion about jurisdiction, which can complicate the handling of domestic violence cases in family courts.

In addition, Family Courts are less respected than magistrate or civil courts. Even though Family Courts have the authority to issue serious decisions such as restraining orders, they are not always regarded as equal to other courts. Furthermore, the Family Courts Act requires a majority of female judges in these courts, but this requirement is frequently ignored. During a workshop hosted by the National Commission for Women in 2002, it was found that only 18 of 84 family court judges were female. This gender imbalance compromises the Act's goal of creating a more welcoming and sensitive environment for family disputes.
Inconsistency in rules and procedures is another issue affecting Family Courts. Although the government has the authority to establish specific rules and qualifications for judges, the Central Government plays no significant role in the overall operation of the Act. Different High Courts have developed their own procedural rules, which can lead to confusion and uneven handling of cases. This lack of uniformity across states contributes to more family disputes being heard in civil courts rather than Family Courts.
Another issue is that people are not required to have a lawyer when appearing in Family Court, as stated in Section 13 of the Act. While this can make the court process easier and more accessible, it can also cause problems when complicated legal issues arise. In some cases, the court may appoint an amicus curiae, a legal expert who can advise the court, but procedural errors can still occur, affecting the result of the case. The informal nature of Family Courts does not always mean that complex legal issues are avoided, which can be difficult for those dealing with the system without proper legal representation.

Ultimately, while Family Courts aim to resolve family disputes in a more fast and sensitive manner, these issues highlight the need for improvements in their operations, particularly in terms of consistency, clarity, and support for vulnerable individuals.

Frequently Asked Questions (FAQs)

1. Do you need a lawyer in Family Court?

No, hiring a lawyer is not required in Family Court. People are free to represent themselves, and the court tries to make the process as simple as possible. However, if the legal issues are complex, the court may appoint an expert to help.

2. Can family courts deal with domestic violence cases?

Yes, Family Courts can handle domestic violence cases, particularly those involving protection orders and support for affected family members. However, these cases may involve other laws, such as the Protection of Women from Domestic Violence Act, 2005.

3. Are family courts available all over India?

Most of India's major cities and districts have established family courts. To ensure that families have better access to family dispute resolution, the government establishes these courts wherever there is a high demand.

4. Why is mediation important in Family Court?

Mediation allows families to resolve their disputes without the need for a full court trial. A neutral person assists both parties in reaching an agreement. This process saves time, reduces stress, and is frequently used in family disputes to avoid lengthy court proceedings.

5. What should I do if I am unhappy with the family court’s decision?

If you are unhappy with a family court decision, you can file an appeal with a higher court. The appeal must be based on specific grounds, such as legal errors or questions about how the court interpreted the law. It is critical to act quickly because there are deadlines for filing appeals, which is 30 days from the date of the order or judgement.

References

Written by Aditya Porwal

Aditya Porwal is a second-year B.B.A. LL.B. (Hons.) student at Maharashtra National Law University, Aurangabad. He has interned with prominent law firms and corporate entities, authored multiple legal publications, and is currently exploring various aspects of law through diverse experiences.