Need of Family Court

1.  The Family Courts are designed for speedy trial and quick disposal of matrimonial
disputes (i.e., the dispute between the husband and wife). In view of increase in the
incidence of matrimonial disputes and increasing pendency of the cases in civil and
criminal courts, Judges, women organizations etc. requested the Central Government to
pass a special legislation to deal exclusively with matrimonial matters. The Law
Commission vide its reports 54 and 55(1974) recommended the Government to pass a
special enactment for establishment of Court/Courts to deal with family matters. As a
result, the Family Courts Act was passed in 1984 for the establishment of Family Courts
in India.
 In M.P. Gangadharan v/s. State of Kerala(2006 SC) , the Supreme Court has held
that Family Court should be established not only because it is provided in the Act
but the state must be alive to the situation that it has a duty to provide all
infrastructure to the forum of dispute resolution.

2.  In some western countries, family courts are already functioning. Now it is accepted by
most, that litigation in respect of any matter concerning family, whether divorce,
maintenance, custody of children and trial of juvenile offenders should not be viewed in
terms of failure of success of legal action, but as social therapeutic problem. No court
which is engaged in finding out what is better for the welfare of the family, whether a
marriage has broken down or not, who should have custody of children or which spouse
needs maintenance, should rest content with the assertions and contentions of the parties
and evidence led by them to prove or disprove their contentions and allegations. The
court engaged in this task requires a less formal and more active investigational and
inquisitional procedure. In short, this will imply that it is not a litigation in which parties
and their counsels are engaged in winning or defeating a legal action but parties,
lawyers, social workers, welfare officers and psychiatrists, all are engaged in finding out
a solution to the problems engaging the attention of the court………….

3.  ………..Thus, the concept of family court implies an integrated broad based service
to families in trouble. It stipulates that the family court structure should be such as is
meant to preserve the family, and to help to stabilize the marriage. Obviously, for
such a system, the adversary litigation system is hardly appropriate. Such a system
visualizes the assistance of the specialized persons and agencies.
 THE FAMILY COURT ACT, 1984 :- It is a progressive legislation. It contains 23
sections. Initially, the Act did not draw the attention of all the State Governments. In
course of time, it attracted the attention of several states. Under the Act, Family
Court have been established in some states. The States and High Courts concerned
are empowered under the Act to frame necessary rules. The State of A.P. framed the
A.P. Family Courts (High Court) Rules, 1995.

4.  The object of the establishment of Family Court is to promote Conciliation,
Mediation and speedy settlement of disputes relating to marriage and family affairs.
The High Court of a State is empowered to establish the Family Courts in
consultation with the State Government, for those towns and cities whose
population exceeds one million. The Judges of the Family Courts are appointed by
the State Government with the consent of the High Court. A Family Court may
consist of a single Judge or more than one Judge.
 The Family Court is higher than the District Court and lower than the High Court.
 Qualifications: Following are the qualifications for the appointment as Judge of the
Family Court:
1. Atleast 7 years experience as a Judicial Officer.
2.An advocate of High Court having not less than 7 years standing.

5. 3.He must be a member of a Tribunal etc.
 The age of retirement of the Family Court Judge is 62 years. Women is given
preference for the appointment as Judges of the Family Courts.
 JURISDICTION OF THE FAMILY COURT :- Section 7 of the Family Courts
Act, 1984 provides the list. It can exercise jurisdiction in the following cases :
1. A suit or proceeding between the parties to a marriage for a decree of nullity.
Restitution of Conjugal Rights, Judicial Separation and Divorce.
2. A suit or proceeding as to the validity of a marriage or as to the Matrimonial status
of any person.
3. A suit or proceeding between the parties with respect to the property.

6. 4. Custody and financial support to the children.
5. Maintenance of wives, children and old parents.
 In Shyni v/s. George , (1997 Kerala) , it was held that wife can implead a close
relative of her husband or even a stranger on allegations that the husband had
handed over the property to them in a suit for recovery of the property. This would
not oust the jurisdiction of the Family Courts.
 In K.A. Abdul Jaleel v/s. T.A. Sahida (1997 Kerala) : The expression “parties to
marriage” was held to include a divorced wife and a petition filed by her for
declaration and partition of property jointly acquired by them would be
maintainable.

7.  A civil suit to declare the decree of family court as null and void is not maintainable
(Shahnaz v/s. Shirin, 1995 Bombay). Family Court’s jurisdiction will have
precedence over our matrimonial and family law statutes.
 SCOPE OF INTERFERENCE IN APPEAL IN ORDER OF FAMILY COURT
: No specific procedure has been prescribed by statute to be followed by Family
Court deciding application for custody of minor child. The only thing to be
considered by court is whether the procedure adopted by Family Court was in
accordance with principles of natural justice. Paramount consideration is welfare
of the child (Dr. Rohit Dandekar v/s. Dr. Raj Kavitha,(2004).

8. THANK YOU