Why We Have Family Law Courts in India

The Family Courts Act 1984 established the creation of Family Courts through a Gazette notification by the Central Government. These courts are to be established in a town or city where the population exceeds one million or in any area where the State Government considers to establish it. One or more judges constitute the Family Courts but each judge is competent to exercise all the powers of the court.

Legal Jurisdiction of Family Law Courts

The legal jurisdiction of Family Courts extends to all matters that pertain to matrimonial issues, maintenance, alimony and custody of children in a marital dispute or a divorce. Further, Family Courts deal with the following:

• Suits or proceedings between parties to a marriage for a decree of restitution of conjugal rights, judicial separation, nullity of marriage or divorce.
• Maintenance related issues.
• For an order of injunction in certain circumstances arising in a matrimonial relationship.
• For declaring legitimacy of any person.
• Suits or proceedings between parties regarding dispute about the property.
• Guardianship or custody of any minor or child.

What Makes Indian Family Courts Unique

• Family courts are empowered to formulate their own procedures but till then they have to follow the Civil Procedure Code.
• Evidence need not be recorded.
• Judgment can be concise with statement of the case, points for determining decision and reasons.
• Appeal to the High Court can be filed within thirty days from the date of judgment, order or decree of the Family Court.
• If the party desires, in camera proceedings can be conducted.
• No party to a suit or proceeding under the Family Court shall be entitled to be represented by a legal practitioner but the court may requisition the services of a legal expert as amicus curae.