Introduction
Family Courts in India were established under the Family Courts Act, 1984 with the primary objective of promoting conciliation and securing speedy settlement of disputes related to family and matrimonial issues. The Act emphasizes a non-adversarial approach to disputes, encouraging mediation and reconciliation wherever possible.
These courts are civil courts of original jurisdiction that deal exclusively with matters relating to family disputes, and their role is pivotal in ensuring justice in domestic matters through a humane and participative legal process.
Need for Family Courts
- Overburdened civil courts delayed justice in sensitive family matters.
- Traditional litigation often intensified emotional conflict.
- The need for a specialized forum to deal with matrimonial, custody, maintenance, and guardianship issues.
Composite Functions of Family Courts
Family Courts have dual functions — adjudicatory and reconciliatory. They perform a composite role of legal adjudication and amicable settlement of family disputes. Below are their comprehensive and integrated functions:
1. Jurisdictional Functions (Section 7)
Family Courts exercise jurisdiction over the following matters:
- Matrimonial disputes such as divorce, judicial separation, nullity of marriage, and restitution of conjugal rights.
- Custody of children and guardianship.
- Maintenance to wife, children, and parents under personal laws and Section 125 CrPC.
- Property disputes between family members.
- Legitimacy and paternity of children.
2. Conciliatory and Mediation Role (Section 9)
One of the key composite functions is promoting settlement.
- Courts must attempt reconciliation before proceeding with adjudication.
- Judges often act more as counsellors and conciliators than just legal adjudicators.
- Mediation and counseling sessions are integral.
3. Expeditious Disposal (Section 10)
Family Courts are bound to dispose of cases promptly.
- Aim: avoid prolonged litigation which may affect relationships and emotional well-being.
- The procedures are simplified and less formal.
4. In-Camera Proceedings (Section 11)
To maintain dignity and privacy:
- Family Court proceedings may be conducted in-camera (private), especially in sensitive cases like domestic violence or matrimonial discord.
5. Flexibility in Procedure (Section 10 and 14)
Family Courts are not strictly bound by the Code of Civil Procedure or Evidence Act.
- They are free to lay down their own procedure.
- Courts can receive any evidence, even if it’s not admissible under the Indian Evidence Act.
- This helps uncover truth in sensitive family matters without technical obstacles.
6. Association of Social Welfare Experts (Section 6)
- Family Courts can take assistance from counselors, psychologists, social workers, or women’s organizations to help parties reconcile.
- This multidisciplinary approach promotes a holistic view of justice.
7. Execution of Decrees (Section 20 CPC)
- Family Court decrees are executable like civil court decrees.
- They may enforce maintenance orders, custody orders, or property decisions.
8. Prohibition of Legal Representation (Section 13)
- Parties are not allowed to be represented by lawyers, unless permitted by the Court.
- This provision promotes direct communication between parties and encourages amicable resolution.
9. Use of Language and Simplicity
- The Court often uses the vernacular language of the parties.
- This ensures better understanding, participation, and accessibility.
10. Enforcement of Maintenance Orders
- Family Courts play a vital role in the enforcement of maintenance orders under Section 125 CrPC.
- These orders are often critical for the survival and well-being of women and children.
11. Protection of Children’s Welfare
- The welfare of the child is paramount in custody and guardianship cases.
- Family Courts evaluate the psychological, educational, and emotional needs of the child.
- The court may seek expert opinion when needed.
12. Public Awareness and Education
While not a statutory duty, Family Courts increasingly promote awareness about family rights, marriage laws, and alternate dispute resolution through legal literacy programs.
Landmark Judgments on Family Courts’ Role
K. A. Abdul Jaleel vs T. A. Shahida (2003)
The Supreme Court held that the Family Court’s jurisdiction extends to property disputes arising out of marriage.
Shalini Shyam Shetty vs Rajendra Shankar Patil (2010)
The Family Courts are not to be interfered with lightly; their process is unique and designed to preserve family harmony.
Advantages of Composite Functions
| Feature | Impact |
|---|---|
| Reconciliatory Role | Preserves family ties and avoids divorce where possible |
| Speedy Resolution | Reduces pendency and brings quick relief |
| Informal Procedure | Helps litigants, especially women and children, participate easily |
| Privacy Protection | Protects the dignity of parties in sensitive matters |
| Multidisciplinary Approach | Social workers, counselors, and psychologists aid in justice delivery |
| Accessible Justice | Simplifies legal process for common citizens |
Challenges Faced by Family Courts
- Shortage of trained counselors and psychologists.
- Delays in enforcement of maintenance and custody orders.
- Lack of infrastructure and overload of cases.
- Resistance to informal procedures by some parties.
- Limited awareness among public about Family Court processes.
Memory Code: “J-CARE-SAFE”
| Letter | Stands For | Meaning |
|---|---|---|
| J | Jurisdiction | Covers matrimonial, custody, maintenance, property |
| C | Conciliation | Courts must first attempt settlement |
| A | Association of Experts | Psychologists, counselors can assist |
| R | Reconciliation Focus | Emphasis on repairing family ties |
| E | Execution Powers | Can enforce orders like civil courts |
| S | Simplified Procedure | Not bound by strict rules of evidence or CPC |
| A | Avoid Lawyers | No legal representation unless allowed |
| F | Fast Disposal | Expeditious hearing and settlement |
| E | Enforcement of Maintenance | Ensures protection for women and children |