Constitution, Powers and Functions of Family Courts
This article is written by Dipanshu Sharma, Bahra University, 3rd Year (BALLB), during his internship at LeDroit India.
Keywords
Family Courts, India, Family Courts Act 1984, jurisdiction, matrimonial disputes, child custody.
Abstract
The establishment of Family Courts in India under the Family Courts Act of 1984 was a crucial step toward addressing the increasing number of family disputes in a specialized and expeditious manner. These courts are tasked with handling matrimonial disputes, child custody matters, and maintenance issues, while also prioritizing conciliation and alternative dispute resolution (ADR) to reduce unnecessary litigation.Despite their significance, Family Courts face various challenges such as delayed proceedings, lack of awareness, resource constraints, and societal biases. This article delves into the jurisdiction, powers, and functions of Family Courts, discusses landmark judgments, and analyzes the key issues and reforms needed for their effective functioning.The Family Courts Act, 1984, was enacted with the aim of creating a judicial mechanism that would be less adversarial and more reconciliatory. However, structural and procedural issues continue to hinder their efficiency. This article examines the practical challenges in the operation of Family Courts and explores possible solutions to strengthen the family justice system in India
Introduction
The legal system plays an essential role in ensuring justice and fairness in society. However, when it comes to family disputes, the traditional court system often proves to be lengthy, emotionally draining, and financially exhausting. Unlike criminal or civil litigation, family matters involve personal and emotional relationships, which require a more sensitive and tailored approach to dispute resolution. Recognizing the need for a specialized judicial body that could handle such cases with empathy and efficiency, the Family Courts Act, 1984, was enacted to provide a dedicated forum for resolving family disputes.The objective of Family Courts is not merely to adjudicate disputes but to facilitate reconciliation and promote family welfare. These courts are designed to function with less rigid procedural formalities, ensuring that justice is served without unnecessary delays. By focusing on conciliation and alternative dispute resolution (ADR), Family Courts encourage amicable settlements, which can be more beneficial for families, especially in cases involving children, divorce, and maintenance issues.Despite their intended purpose, Family Courts in India face several challenges that hinder their efficiency. Overburdened dockets, lack of infrastructure, limited awareness, and deeply entrenched societal biases often prevent them from achieving their primary goal of expeditious justice delivery. In many cases, delays in proceedings result in prolonged litigation, which further exacerbates family conflicts rather than resolving them.Moreover, the increasing number of divorce cases, domestic violence complaints, and child custody disputes has put immense pressure on the existing Family Courts, leading to a backlog of cases. This calls for urgent reforms, including better infrastructure, digitization of court proceedings, expansion of mediation services, and appointment of trained judges and counselors.This article seeks to provide an in-depth analysis of Family Courts in India, their
powers, jurisdiction, and procedural framework, while also highlighting landmark judgments and recent legal developments that have shaped family law jurisprudence in India. Furthermore, it critically examines the challenges faced by Family Courts and explores practical solutions to enhance their effectiveness. As society continues to evolve, the nature of family disputes is also changing, necessitating a modern and adaptable legal system. Strengthening Family Courts through policy reforms, technological integration, and increased awareness can go a long way in ensuring swift, fair, and effective justice for families in distress.(ncwapps.nic.in)
Constitution of Family Courts
The Family Courts Act, 1984, was enacted to establish specialized courts for resolving family disputes in a speedy, conciliatory, and less adversarial manner. Under Section 3 of the Act, the State Government, in consultation with the High Court, has the power to set up Family Courts in areas where the population exceeds one million, or wherever deemed necessary. These courts were introduced following the recommendations of the 59th Law Commission Report (1974), which highlighted the inefficiency of traditional courts in handling family matters due to their rigid procedural framework and adversarial nature. Family Courts are structured to function informally, prioritizing conciliation and mediation over litigation. The judges appointed to these courts must have at least seven years of experience as judicial officers or advocates, with a preference for women judges, as per Section 4(4) of the Act. These courts also work with counselors, social workers, and psychologists to assist in settlement efforts, ensuring minimal emotional trauma for the parties involved. As per Section 7, Family Courts have exclusive jurisdiction over a wide range of family matters, including divorce, restitution of conjugal rights, child custody, maintenance, adoption, and property disputes between spouses. The landmark case of K.A. Abdul Jaleel v. T.A. Shahida (2003) affirmed that property disputes between spouses fall under the jurisdiction of Family Courts. In child custody matters, courts follow the “welfare of the child” principle, as reiterated in Gaurav Nagpal v. Sumedha Nagpal (2008). The Shah Bano case (1985), while addressing the issue of maintenance for Muslim women, also reinforced the importance of mediation in family disputes. A key feature of Family Courts is their emphasis on Alternative Dispute Resolution (ADR) methods such as mediation, conciliation, and pre litigation counseling, which help in reducing the burden on courts and ensuring amicable settlements. Despite their importance, Family Courts face challenges like overburdened dockets, lack of trained counselors, insufficient resources, and limited awareness among litigants. To enhance their efficiency, reforms such as establishing more Family Courts, digitalizing case management systems, strengthening mediation centers, and conducting legal awareness programs are necessary. By prioritizing conciliation over confrontation, Family Courts play a crucial role in delivering fair, sensitive, and expeditious justice in family matters, ensuring that disputes are resolved in a manner that preserves relationships and promotes family welfare.(ncwapps.nic.in)
Powers and Functions of Family Courts
Family Courts are vested with comprehensive jurisdiction over a range of family-related matters, including:
1. Matrimonial Disputes
Nullity of marriage
Restitution of conjugal rights
Judicial separation
Divorce proceedings
2. Property Disputes
Disputes between parties to a marriage regarding property ownership
Division of assets acquired during marriage
3. Custody and Guardianship
Custody of minor children
Guardianship disputes under Guardians and Wards Act, 1890
4. Maintenance and Alimony
Matters related to maintenance under Section 125 of the CrPC, 1973
Alimony disputes under Hindu Marriage Act, 1955
These courts prioritize conciliation and encourage parties to resolve disputes through mediation before proceeding with litigation. They are not bound by strict procedural laws like the Code of Civil Procedure, 1908, and The Bharatiya Sakshya Bill,2023(BSB) allowing a more flexible approach to ensure justice.(ijfmr.com)
Illustrations and Case Laws
1. Landmark Judgment: K.A. Abdul Jaleel v. T.A. Shahida (2003) [Supreme Court]
Facts: The dispute involved property owned by a couple, and whether a Family Court had jurisdiction over the matter.
Judgment: The Supreme Court held that Family Courts have jurisdiction over property disputes between spouses, reinforcing the court’s broad powers in matrimonial matters.
Citation: K.A. Abdul Jaleel v. T.A. Shahida, AIR 2003 SC 2525
2. Recent Judgment: D. Sarojini Amma v. V. Somarajan (2013) [Supreme Court]
Facts: The wife sought partition of property acquired jointly during marriage.
Judgment: The court ruled that Family Courts can entertain suits for partition filed by a spouse under Section 7(1)(c) of the Family Courts Act.
Citation: D. Sarojini Amma v. V. Somarajan, (2013) 9 SCC 659(India Kanoon)
Challenges Faced by Family Courts
1. Delayed Proceedings
Despite the objective of providing speedy justice, cases often experience delays due to high case loads and limited infrastructure.
2. Resource Constraints
Many Family Courts operate with inadequate staffing, which hampers their ability to dispose of cases efficiently.
3. Lack of Awareness
There is a general lack of awareness among the public regarding Family Courts, leading to underutilization of their services.
4. Societal Attitudes
Deep-rooted patriarchal mindsets sometimes affect the impartiality of proceedings, especially in cases involving women’s rights and child custody. (pulr.puchd.ac.in)
Conclusion
Family Courts in India were envisioned as specialized institutions to handle sensitive family matters with a focus on conciliation and speedy resolution. However, delays, lack of resources, and societal attitudes continue to pose challenges. Judicial reforms, increased awareness, and greater investment in alternative dispute resolution mechanisms like mediation can help in enhancing their effectiveness.Family Courts must prioritize quick resolutions, fair trials, and family welfare to fulfill their core objective of delivering justice in family disputes. The integration of technological advancements like virtual hearings can also streamline processes and reduce delays.
References
1. 59th Law Commission Report (1974)
https://drive.google.com/file/d/1hl6hkPvITGd2biG1WoirPWQIraw52l2a/view?usp=d rivesdk
2. National Commission for Women. Working of Family Courts in India. Retrieved from NCW
Reporthttps://ncwapps.nic.in/pdfreports/Working%20of%20Family%20courts%20in %20India.pdf
3. International Journal for Multidisciplinary Research- Understanding Family Courts System in India. (ijfmr.com)
4. Sood, P., & Verma, A. (2023). The Working of Family Courts in India: A Study. Punjab University Law Review. (pulr.puchd.ac.in)
5. K.A. Abdul Jaleel v. T.A. Shahida, AIR 2003 SC 2525.(Indian Kanoon) 6. D. Sarojini Amma v. V. Somarajan, (2013) 9 SCC 659.(Indian Kanoon) 7. Tamil Nadu State Judicial Academy. The Role, Duties, and Procedural Functions of Family Courts.(TNSJA Report)
