Analysis Of Family Court

Introduction

India is one of the countries which practice the oldest legal system in the world. Indian laws are mixtures of custom, values, tradition, etc. without compromising any community, religion, or caste the legal system has been framed. India is a place, with a variety of cultures, customs, and conventions. To respect all of those the Indian Legal System has personnel laws which are related to the family affairs such that their custom, value, or ethics that are related to their families religion or community.

India is the second populated Nation in the world which constitutes many families. Eventually, due to the increased population, the disputes between families also increased. To resolve the disputes between the families, the family court has been established in India. These courts were established to deal with family matters alone such as Marriage, Alimony, Divorce, Child custody, Nullity of marriage, restitution of conjugal rights, etc. Any family issues need not be taken to the regular courts and family court only takes care of it. The establishment of a family court was a landmark event in the Indian Judiciary System. The Family Court Act 1984 was introduced which tells about the working of the family courts. The Family Court Act covers some of the other Acts which are:

  • Hindu Marriage Act, 1955
  • Indian Divorce Act of 1859
  • A Special Marriage Act 1954
  • Hindu Minority and Guardianship Act of 1956
  • Parsi Marriage and Divorce Act 1936
  • Christian Marriage Act 1972
  • Dissolution of Muslim Marriage Act 1939, etc

History of Family Court in India

As stated the main purpose of establishing a Family Court is to take care of the family issues separately and not in any regular courts. The need for Family Court was introduced in India by late Smt. Durgabai Deshmukh after her tour to China in 1953. During her visit, she visited many places including Family Court in China. After knowing the working of Family Court and discussions with legal experts she gave a proposal to Prime Minister Jawaharlal Nehru for the establishment of Family Court in India. Another main reason for the establishment of Family Court was a large number of pending cases in the regular Courts. Thus, the process of division of work took place by separating family related issues to the family Courts and the request of several woman associations and Welfare organizations for the speedy settlement of family disputes can also be achieved.

The Law Commission in its 54th report on the Code of Civil Procedure recommended special treatment for the matters related to Divorce. In respect to the recommendation made by the Law Commission, the Code of Civil Procedure incorporated Order 32-A.This order emphasis on the special treatment of Family-related issues. The Law Commission in its 59th report emphasized that there should be different procedures for the working of family-related issues in the regular courts and should not follow the procedures like usual civil proceedings. However, the Family issues were treated the same as the civil proceedings. This made the need for separate courts for Family issues. In 1982, an All India Family Court Conference was held which addressed many suggestions and it was felt that Family Court should be established which would focus mainly on custody of children, matrimonial home, etc. In 1984 a bill was introduced in the parliament for the establishment of this Act.

The bill refers to various special procedures that distinguish a Family Court and a Regular Court. It also encourages various State Governments to introduce Family Courts in every city which has a population of more than one million. Many wanted the Family Court to be established in 1975. But the Government had to follow some procedure and had to pass legal legislations which took nine years and finally in the year 1984 the Family Court Act was passed. The pending Family Cases in the regular Courts were transferred to the new Family Court reducing the workload of the civil court. Thus, there were many Family Courts established all over the country. In Tamil Nadu, Family Court was established in the year 1988 in Chennai.

Establishment of Family Court

According to Section 3 of the Family Court Act 1984, the following are the details for the establishment of Family Court:

(1) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government, after consultation with the High Court, and by notification,- -(1) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government, after consultation with the High Court, and by notification,-“

(a) shall, as soon as may be after the commencement of this Act, established for every area in the State comprising city or town whose population exceeds one million, a Family Court;

(b) may establish Family Courts for such other areas in the State as it may deem necessary.

(2) The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits.

Gangadharan v. State of Kerala[i] stated that the establishments of Family Courts are important not only because it is provided in the Act but also to create a separate platform for Family-related issues.

The main objective of the Family Court is to give speedy relief for the matrimonial disputes. For this, the Government has to establish Family Court in cities and towns with the population more than one million. It is mentioned in the Act that under Section 3(2) the State Government after consulting with the High Court should specify the limit of the area up to which the Jurisdiction of Family Court can extend.

Constitutional Validity

The Act faced much opposition as its states for the establishment of Family Court on the basis of the population which was violative of Article 14 of the Constitution. It was felt that India consists of more villages that do not have a population of one million. Developing cities which are already developed will make the villages be in the same condition. The establishment of the Family Court on the basis of the population makes the rich richer and the poor poorer. Matrimonial disputes and other family issues are not only for people who are in cities, but also one who is in villages.

After arguments the Division Bench of Bombay High Court in the case of Lata Pimple v. Union of India[ii] held that it cannot be violative of Article 14 as the differentiation made is reasonable and it is not discriminatory


Jurisdiction of Family Court

Jurisdiction of Family Courts extends to all matters related to alimony, divorce, the property of the spouses, restitution of conjugal rights, nullity of marriage, etc. It also deals with the following:

  • Maintenance
  • Declaration of Legitimacy
  • Dispute regarding property
  • Guardianship or custody of children
  • Judicial separation
  • Order for Injunction

Present Position of Family Court

According to the Ministry of Justice India has 535 Family Courts throughout the country. Each state does not have a family court. Some states are with no Family Courts and some are with more than 75 courts.    

S.NO.Name of the State/UTNumber of Family Courts functional in the State
1.Andhra Pradesh16
2.Andaman & Nicobar Islands01
3.Arunachal Pradesh   –
4.Assam05
5.Bihar39
6.Chandigarh0
7.Chhattisgarh21
8.Dadra and Nagar Haveli    –
9.Daman & Diu     –
10.Delhi21
11.Goa0
12.Gujarat37
13.Haryana15
14.Himachal Pradesh 
15.Jammu & Kashmir01
16.Jharkhand24
17.Karnataka28
18.Kerala28
19.Madhya Pradesh58
20.Maharashtra16
21.Manipur07
22.Meghalaya   –
23.Mizoram     –
24.Nagaland02
25.Odisha21
26.Punjab05
27.Puducherry02
28.Rajasthan39
29.Sikkim04
30.Tamil Nadu29
31.Telangana16
32.Tripura04
33.Uttar Pradesh78
34.Uttarakhand16
35.West Bengal02
Total: 535

Conclusion

India is a country with diverse culture, religion, caste, etc. The laws of our nation are present to control the individual without spoiling their customs or values which they are into.  The introduction of Family courts not only divided work but also gave speedy reliefs and the pending cases were reduced in the regular courts. Though many feel that, due to the Family Courts Act their laws are been affected, it is not the true intension of the Act. The Family Courts Act gives the procedure on how the family courts should work. It also tells about the Functions of Family court such as the appointment of judges, the qualification required, age limit, etc. These are just procedures and do not overpower the person’s laws. Due to the Family courts, many got their justice and many who had a bad marital life also got their relief. It is to be concluded that all growth depends upon activity. There is no development without any efforts, and effort means work- Calvin Coolidge. All efforts are for the development of the individual which develops the society.

Questions

  1. What the Acts that are included in the Family Courts Act, 1984?
  • Hindu Marriage Act, 1955
  • Indian Divorce Act of 1859
  • A Special Marriage Act 1954
  • Hindu Minority and Guardianship Act of 1956
  • Parsi Marriage and Divorce Act 1936
  • Christian Marriage Act 1972
  • Dissolution of Muslim Marriage Act 1939

2. Why was the family court established?

The need for Family Court was introduced in India by late Smt. Durgabai Deshmukh after her tour to China in 1953. During her visit, she visited many places including Family Court in China. After knowing the working of Family Court and discussions with legal experts she gave a proposal to Prime Minister Jawaharlal Nehru for the establishment of Family Court in India.

3. What is the jurisdiction of Family court?

Jurisdiction of Family Courts extends to all matters related to alimony, divorce, the property of the spouses, restitution of conjugal rights, nullity of marriage, etc.

4. Who introduced Family courts to India ?

Late Smt. Durgabai Deshmukh.

References

[i] Gangadharan v. the State of Kerala, AIR 2006 SC 2360

[ii] Lata Pimple v. Union of India and others, AIR 1993 Bom 255

[iii] Family Courts in India: An Analysis

https://shodhganga.inflibnet.ac.in/bitstream/10603/166330/1/10_chapter3.pdf

[iv] Bimal Antony, Family Courts: Objectives and Functions

https://www.academia.edu/3354551/Family_Courts Objectives_and_Functioning

[v] Establishments of Family Courts

https://thefactfactor.com/facts/law/civil_law/family_laws/family-court/3524/

[vi] https://doj.gov.in/sites/default/files/Family%20Courts%20pdf.pdf

[vii] The Family Courts Act, 1984

Leave a Reply

Your email address will not be published. Required fields are marked *