The purpose and aim of establishing the Family Courts
is to protect and preserve the institution of marriage and to promote
the welfare of children and provide for settlement of disputes by
conciliation. The Family Courts Act extends to the whole of India
except Jammu and Kashmir.
Every State Government after consultation
with the High Court establishes in every area in the state, a Family
Court. One or more judges head it and preference is given to women
judges.
SUITS OR PROCEEDINGS
FILED IN FAMILY COURT
The Family Courts are empowered to deal with the
following matters:
-
A suit or proceeding between the parties to
a marriage for nullity of marriage or restitution of conjugal
rights or dissolution of marriage.
-
A suit or declaration as to
the validity of a marriage or as to the matrimonial status of
any person
-
A suit or proceeding between
the parties to a marriage with respect to the property of the
parties or of either of them.
-
A suit or proceeding for an
order or injunction in circumstances arising out of a marital
relationship.
-
A suit or proceeding for a declaration
as to the legitimacy of any person
-
A suit or proceeding for maintenance.
-
A suit or proceeding in relation
to the guardianship of the person or the custody of, or access
to, any minor.
Family Courts also have jurisdiction
exercisable by a Magistrate of the 1st class relating
to an order for maintenance of wife, children and parents under
the Code of Criminal Procedure.
DUTIES OF FAMILY
COURT
The family Court shall make an endeavor
to assist and persuade the parties in arriving at a 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.
FAMILY COURT - A
CIVIL COURT
Family Court shall be deemed to
be a civil Court (except for proceedings relating to Maintenance
of wives, children and parents relating to the Code of Criminal
Procedure).
PERSONAL APPEARANCE
MANDATORY
No party shall be entitled as a
right to be represented in a Family Court by a legal practitioner.
The parties to the proceedings have to appear themselves and put
forward their case.
RECORD OF ORAL EVIDENCE
AND BY AFFIDAVIT
The Court shall record what the
witness deposes and the memorandum shall be signed and form a part
of a record. The Court may on the application of any of the parties
summon and examine any such person as to the facts contained in
the affidavit.
APPEAL
An appeal lies to the High Court
from every judgement or order passed by the Family Court. However
no appeal lies against a decree or order passed by the Family Court
with the consent of the parties under proceedings relating to maintenance
of wives, children and parents under the Code of Criminal Procedure.
LIMITATION
An appeal to the High Court from
every judgement or order not being an interlocutory order passed
by the Family Court has to be filed within 30 days.
ADDRESSES
DELHI
BANGALORE
BOMBAY
