Family disputes should be handled differently from conventional civil proceedings, according to the 59th Law Commission Report (1974) and the Committee on the Status of Women (1975). According to the Law Commission study, states should establish family courts and Judicial Officers should be chosen based on experience to assist society.
This act called family court act, 1984 which extent to whole of India except Jammu & Kashmir.
“Judge” refers to a Family Court Judge or, as the case may be, the Principal Judge, Additional Principal Judge, or other Judge.
After consulting with the High Court, the State Government shall establish, by notification, the local limits of the area to which a Family Court’s jurisdiction shall extend, and may raise as referred to in sub-section (1), should be as determined by rules enacted by the State Government.
Family court shall be deemed to be a district court or, as the case may be, a subordinate civil court for the territory to which the Family Court’s jurisdiction extends, for the purposes of exercising such jurisdiction under such law.
every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of section 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) which is pending immediately prior to the establishment of such Family Court before any district court or subordinate court referred to in that sub-section or, as the case may be, before any magistrate under the said Code.
The Family Court is primarily concerned with the prompt resolution of conflicts, and if the parties in a case can reach an agreement on their own, the Family Court should defer the case’s proceedings until the parties reach an agreement, as indicated by the 59th Law Commission Report.
Power of court- Despite its admissibility under the Indian Evidence Act of 1872, any evidence may be considered if it aids effectively in resolving a dispute.
A decree or order entered by the Family Court with the parties’ permission 1[or an order entered pursuant to Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974): Except for any appeal pending before a High Court or any order made under Chapter IX of the Code of Criminal Procedure 1973 (2 of 1974) before the Family Courts (Amendment) Act, 1991, nothing in this sub-section shall apply.
The provisions of this Act shall apply despite anything in any other law currently in force or in any instrument having effect under any law other than this Act that is inconsistent with them.
Power of High court, central government and state government to make rules.
• Kamal VM. Allaudin and etc. etc. VS. Raja Shaikh and etc.(Bombay HC)
He discovered Counsel then pointed out that the High Court is named separately from a District Court under Rules issued by the State of Maharashtra as well as by this Court. It is important to recall that a suit or procedure in connection to the guardianship of a person or the custody of, or access to, any minor is referred to in Clause (g) of Explanation to Section 7 of the Family Courts Act. The Maharashtra Family Court Rules, Rule 35, states:—
“All guardianship and adoption applications, excluding those for which the High Court has authority, must be submitted with the Family Courts.
The 1984 Family Court Act is the culmination of years of battle by NGOs and women’s organisations all around the country. The main goal was to make family law conflicts more quickly resolved. Previously, all family matters cases were heard in regular courts, which took a lengthy time to get a decision. Family court allows for more amicable resolutions and lower legal fees. The court’s desired outcome has not yet been realised.
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