Short Essay on Family Courts – Despite the amendments brought in the Civil Procedure Code in 1976, providing a special procedure to be adopted in suits or proceedings relating to family matters, there was not much change in the way these cases were litigated and decided.
The need was, therefore, felt for altogether separate courts to deal with these matters so that the disputes could be settled speedily with emphasis on conciliation and as many families could be saved from the harmful effects of prolonged litigation as possible.
In the interest of socially desirable results it was thought that the tendency to strictly adhere to rigid rules of procedure and evidence needed to be relaxed.
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Therefore, the Family Courts Act was passed in 1984, which provided for the establishment of Family Courts by the State Governments.
The matter relating to matrimonial relief, including nullity of marriage, judicial separation, divorce, restitution of conjugal rights, declaration as to the validity of marriage or as to the matrimonial status of any person, the property of the spouses or declaration as to the legitimacy of sons, guardianship or custody of any minor, and maintenance became the subject matters to be decided by the Family Courts.
Under the Act the State Government is required to establish a family court in any town or city where the population exceeds one million. The Family Courts, as stated earlier, are there to ensure speedy settlement of disputes, preferably through conciliation.
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The proceedings in a Family Court can be held in camera if the Court thinks it proper. Before a Family Court no party is necessarily to be represented by a legal practitioner.
The provision is there to simplify the proceeding and keep unnecessary legality out of process as far as possible. The appeal from the Family Court lies in the High Court both on facts and law.