Indian Legal System > Civil Laws > Family Laws > The Family Courts Act, 1984 > Functioning of Family Courts
Family courts are specialized courts that were established with the goal of preserving the welfare of the family through the use of a multi-disciplinary approach to resolving family problems within the framework of the law. These courts aim to protect individuals’ legal rights on the one hand, and to serve as a guide, helper, and counselor on the other, to help families deal with problems and restore family harmony.
The environment of family courts expected to be different from regular courts. The atmosphere is supposed to be quiet informal and relaxed. And the judges need not put on robes and judges need not set on raised platform. Counseling and conciliation are the two pillars on which the whole structure of family courts is built. In the last article, we have seen the jurisdiction of family courts. In this article, we shall deal with the functioning of family courts.
A Family court has jurisdiction in both civil and criminal matters under the act. Under civil matters, it can deal with any suit and proceeding related to matrimonial issues, spousal property, the legitimacy of any person, maintenance, guardianship of the person or custody of or access to any minor. Under criminal matters, it has jurisdiction over orders related to maintenance of wife, children and parents described under Chapter IX of Criminal Procedure Code (Cr. P. C.).
Any suit or proceeding of the above-mentioned nature should necessarily be heard by family court excluding the jurisdiction of the district court or any other subordinate court or any magistrate. Also, any such suit or proceeding which is already pending before any other court or magistrate should be immediately transferred to the family court.
Registering a Case in a Family Court:
Steps to follow for registering a suit in a Family Court
- Such person needs to describe all the details clearly on a watermarked
paper and submit along with the court fees and an affidavit . - These files are presented to the Principal Judge of the Family Court. After verification of each file and hearing the petitioners, the Principal Judge decides for further steps.
- The applicant files the summons form for notice on the opposite parties.
Reconciliation Between the Parties by the Court
Section 9 of the act prescribes the duty of the family court to make efforts to promote reconciliation between the parties. As, per Section 9(1), in the first instance, the family court, in every suit or proceeding, shall make efforts to convince the parties to settle the dispute with an agreement and for this purpose, the family court may follow the rules prescribed by the High Court or follow such rules or procedure as the family court may deem fit.
According to Section 9(2), if the family court finds that at any stage of the proceeding there is a reasonable probability of settlement between the parties, the court has the power to adjourn the proceedings until the settlement is reached. And as per Section 9(3), the power prescribed under sub-section 2 is an addition to the powers of the family court.
Procedures in Family Courts:
Section 10 of the Family Court Act describes Procedures to be followed in the family court. It is the duty of the family court to resolve the matter through conciliation and settlement. If the Court feels that there is a reasonable possibility of a settlement the Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to arrive at a settlement. As also suggested by the 59th Law Commission Report, the Family Court mainly focuses upon conciliation or settlement of the dispute. If there is a possibility for settlement between parties in a case on their own, the family court should adjourn the proceedings of the case till the parties arrive at a settlement.
When family court under its jurisdiction hears a case from chapter IX of Criminal Procedure Code (Cr. P.C.), the rules or provisions of Code may be applicable.
- Except for the above-mentioned exception, the Civil Procedure Code(CPC) and any other law as suitable will be applicable for the suits or proceedings.
- Family court can decide its own procedure to arrive at the settlement, depending upon the circumstances or facts of the case.
- If parties and Family Court is willing, then proceedings can be held in camera.
- Family Court can ask for amicus curiae if necessary for a case. But not in any circumstances, parties should be allowed to seek legal practitioner.
- Family court is free to seek the help of medical or welfare experts if needed.
As per section 11 of the Family courts Act, in camera proceedings can be ordered if the parties desire. In camera proceedings are held in private, when the Court proceedings are held in the private chamber of a judge or when it is held in a Court Hall after excluding all spectators, then the proceeding is called in camera proceeding.
Appeal:
The appeal from family courts lies directly to the High Court within 30 days of passing the order or the judgement. Such The appeal can be on both question of law and question of fact. No appeal lies against an order which is passed with the consent of the parties.
Conclusion
Family courts were established to eliminate the intimidating and delaying nature of traditional courts. It was believed that judgment concerning familial matters needs preservation in nature rather than punitive. Though the concept of Family Courts is novel in terms of its perspective and intended implementation, its success appears to be dependent on a variety of comprehensive services such as counseling, conciliation, legal infrastructure, and the operational mode of such supportive services.