The Family Courts Act, 1984
The Family Courts Act, 1984 is an Indian law enacted to establish Family Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. Below is a summary of the Act, including its key provisions:
🏛️ The Family Courts Act, 1984
Enacted by: Parliament of India
Date of Enactment: 14 September 1984
Objective:
To provide for the establishment of Family Courts with a view to:
Promote conciliation in family disputes
Ensure speedy settlement of family-related matters
📌 Key Features of the Act
1. Establishment of Family Courts (Section 3)
State Governments are empowered to establish Family Courts in cities or towns with a population of over 1 million.
Courts may also be established elsewhere, as needed.
2. Jurisdiction of Family Courts (Section 7)
Family Courts have jurisdiction over matters such as:
Marriage: validity, nullity, divorce, restitution of conjugal rights
Child custody and guardianship
Maintenance: for spouse, children, and parents (under CrPC Section 125)
Property disputes between spouses
Legitimacy of children
Adoption
3. Counseling and Conciliation (Section 9)
Courts must endeavor to assist and persuade parties to arrive at a settlement.
Family Courts may be assisted by counselors and social workers.
4. Procedure (Section 10)
The Act allows Family Courts to evolve their own procedure, guided by the principles of natural justice.
The Civil Procedure Code (CPC) and Indian Evidence Act may not strictly apply.
Proceedings are informal and less adversarial.
5. In-camera Proceedings (Section 11)
The court may conduct proceedings in private (in-camera) to protect privacy.
6. Legal Representation (Section 13)
Lawyers are not automatically allowed.
The court may permit a lawyer if it is in the interest of justice.
⚖️ Significance of the Act
Emphasizes conciliation and settlement, unlike traditional litigation.
Creates a non-adversarial atmosphere.
Brings in counselors and psychologists to deal with sensitive family issues.
Promotes speedy justice in personal matters. Do write to us if you need any further assistance.
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