The legal machinery that deals with matrimonial disputes, guardianship of children and maintenance for a wife and children is the Family Court. Family courts as an institution first emerged in the United States in 1910. In India, Parliament enacted the Family Courts Act in 1984, keeping in view the need for quick settlement of family matters.

Background and Object of the Family Courts Act, 1984

The idea of a dedicated forum for family disputes was recommended in India by the 59th Report of the Law Commission of India (1974), which urged that disputes relating to the family be settled through a procedure distinct from ordinary civil litigation. Women’s organisations and other bodies pressed the Central Government to set up a specialised forum to resolve domestic disputes quickly and with less formality. This led to the Family Courts Act, 1984, which came into force in India.

The object of the Act is to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs.

Where Family Courts Are Set Up

The Act provides for the establishment of a Family Court in every area whose total population exceeds one million, and in any other area where the State Government considers it necessary. A State Government takes the decision to set up a Family Court in consultation with the concerned High Court.

The Act empowers every State Government to create a Family Court wherever it thinks necessary and to appoint judges in accordance with the procedure prescribed in the Act. When appointing a person as a Judge, the State Government must be satisfied that the person has at least seven years of experience in the legal field in India. The Act also provides that, as far as possible, a woman should be appointed as a judge of a Family Court, so that justice can be delivered more sensitively, particularly in cases involving women.

Jurisdiction of a Family Court

A Family Court has the same status as a District Court and exercises jurisdiction accordingly. Broadly, a Family Court can hear matters relating to:

divorce, nullity of marriage, judicial separation and restitution of conjugal rights;
the validity of a marriage or the matrimonial status of a person;
property disputes between parties to a marriage;
maintenance, including maintenance of a wife, children and parents;
the guardianship, custody and access of minor children; and
the legitimacy of any person.

Procedure Before a Family Court

Family Court proceedings are designed to be simpler and less adversarial than ordinary civil litigation. If a Family Court sees any possibility of settlement between the two parties, it adjourns the proceedings and tries to help the parties settle the dispute as quickly as reasonably possible. In divorce and other sensitive matters, the court is expected to act with care and to exercise its discretion in the best interest of the parties and any children involved.

Parties are generally expected to appear in person, and legal representation is not a matter of right; the court may, however, seek the assistance of a legal expert as an amicus where it considers it necessary.

Family Courts in Delhi

Delhi has a number of Family Courts spread across its district court complexes, which hear matrimonial petitions, maintenance applications and child custody matters arising in the National Capital Territory. A petition is ordinarily filed in the Family Court within whose territorial jurisdiction the parties last resided together or where the respondent resides. If you are dealing with a divorce, maintenance or custody matter in Delhi, it is advisable to consult a family lawyer who regularly appears before these courts.

Conclusion

The establishment of Family Courts was a response to the rising number of matrimonial disputes and the need for a forum that resolves them quickly, sensitively and at low cost. The Family Courts Act, 1984 gives an aggrieved spouse - and very often women in particular - an accessible route to seek relief on issues ranging from custody of children and property rights to maintenance. Over time, amendments and procedural reforms have continued to make the system more effective in keeping with changing social realities.

The Family Courts Act, 1984 - A Practical Guide