Functions and Duties of Family Courts, Working of the welfare organization and counselors attached to Family Court

Functions and Duties of Family Courts


Family courts are designed to deal with disputes arising in family matters such as divorce or child custody. One of the main goals of family court is to settle legal problems that can occur in families. The first Family Court case was established in the state of Rajasthan in 1985.

Family Court Act, 1984

Family Courts Act, 1984 was enacted on 14 September 1984 to establish family Courts in India to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.

What are the Objectives of Family Courts?

The Objectives of the family court are:

  1. to provide speedy justice and disposal of family cases at the earliest.
  2. to promote conciliation and mediation in disputes relating to marriage.
  3. preserve family ties.
  4. to solve the matter of family within a short period.

How is a Family Court establish?

Section 3 of the family court act 1984 provides that these courts are to be established in the town on the city where is the population exceeds 1 million or in any area where the state government considers establishing it.

The only law which gives a special preceding is called camera proceeding. This means in the case if the party does not want to speak in front of the court. He can shoot a video. And the video can present in the court as the primary evidence.

When we speak about the total number of family Courts in India 438 family courts which give differing year to year.

What matters is to deal with in Family Court?

Matters dealt in Family Court are:

  1. Degree for nullity of marriage.
  2. Restitution of conjugal rights
  3. Judicial separation. dissolution of marriage. declaration of matrimonial status of any person.
  4. Matrimonial property matter.
  5. The claim of maintenance.
  6. Guardianship.
  7. Custody of children.
  8. Access to children.
  9. Application for an injunction in matrimonial matters.
  10. Custody of children guardianship legitimacy of a child under the Hindu minority and guardianship act 1956.

What are the Services available at a Family Court?

The services available at Family Court are:

  1. Court Clerks: They are useful to learn more about the court records and how they are maintaining. They can further guide on the daily court calendars and schedules.  
  2. Self-help Centers: They provide resources to the self-representing individuals and assist with education materials, training on court procedure, and completing legal forms but they do not provide any legal advice.
  3. Mediation Services: They help the parents and children in resolving the custody visitation issues. They are provided with non-biased mediators to make an agreement that is both private and confidential.
  4. Court Interpreters: Family courts ease the process and arrange an interpreter for the non-English speaker as language can be a barrier in the court. Each state has guidelines on the timeline to apply and receive this assistance. 

What are the Duties of Family Court?

  • The Family Court endeavor to assist and persuade the parties in arriving for settlement.
  • If the Court feels that there is a reasonable possibility of a settlement; then the Court may adjourn the proceedings for such period as it thinks will fit to enable attempts to be made to arrive at a settlement.

Appeal

An appeal lies to the High Court from every judgment 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 the maintenance of wives, children, and parents under the Code of Criminal Procedure.

Personal Appear is Mandatory

Personal appearance is mandatory in a Family Court. Parties must not entitle to represent by a lawyer. They must appear themselves and put their case forward.

Records of Oral Evidence and 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.

Act to have Overriding Effects.

The provisions of this Act shall affect anything incompatible with those contained in any other law for the time being in force or any method affecting by any law other than this Act.

Judgment

The judgment of a Family Court shall contain a concise statement of the case, the point for determination, the decision thereon, and the reasons for such decision.

Limitations

An appeal to the High Court from every judgment or order is not an interlocutory order pass by the Family Court must be filed within 30 days.

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