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What Is The Purpose Of A Family Court Act?

  • Writer: leadindia400
    leadindia400
  • Dec 26, 2024
  • 4 min read

A Specific Type Of Court That Handles Cases Involving Disputes Inside Families Is Called A Family Court. These Family Courts Handle Cases Including Guardianship, Maintenance, Divorce, And Property Issues Between Couples. It Is Expected That Family Court Settings Will Be Different From Traditional Court Settings. There Should Be A Relaxed, To Provide Speedy Justice And Disposal Of Family Cases At The Earliest, To Institute A Mechanism For Conciliation Of The Disputes Relating To The Family, To Provide An Inexpensive Remedy, To Have The Flexibility And An Informal Atmosphere In The Conduct Of Proceedings, And An Easy-Going Vibe About The Place. Judges Are Also Not Obliged To Stand On A Raised Platform Or Wear Robes.


The Family Court Was Created To Make Sure That People Are Dedicated To The Need Of Defending And Upholding The Institution Of Marriage. In Addition To Advancing Family Welfare, Its Jurisdiction And Powers Are Employed To Make Decisions About The Legitimacy Of Weddings And Other Matrimonial Matters.


Family Court Act: About


  • First Of All, The Family Courts Act, 1984 Specifies The Precise Reason For Family Court Establishment For Towns And Cities With A Population Of More Than One Million. It Also Establishes The Possibility Of State Governments Establishing Family Courts In Other Regions. The State Governments Will Appoint Judges To Family Courts With The Approval Of Their Respective High Courts.

  • One Or More Judges May Sit On A Family Court. Every Judge In A Family Court, Regardless Of Number, Is Qualified To Use All Or All Of The Court's Authority. When There Are Many Judges In A Family Court, The State Government Decides On One Of The Judges As The Principal Judge And Any Further Principal Judges With The Approval Of The High Court.


Family Court Act: Jurisdiction


  • The Family Court Has Jurisdiction Over Both Civil And Criminal Cases Under The Terms Of The Family Court Act Of 1984. Family Court Is Located For Every City Or Town Whose Population Exceeds One Million. In The Areas Of States, The Family Courts May Be Set Up If The State Governments Deems It Necessary.  

  • It Can Handle Any Lawsuit Or Action Pertaining To Matrimonial Concerns, The Validity Of Any Individual, Maintenance, Child Custody, Or Access To Any Minor Under Civil Proceedings. It Has Authority Over The Maintenance Of The Spouse, Children, And Parents In Criminal Proceedings.

  • According To The Act, Every Such Case That Is Now Underway Before Another Court Or Magistrate Ought To Be Moved Right Away To The Family Court.


Family Courts Act, 1984: Challenges Faced


Family Courts Were Established Under Section 3 Of The Family Courts Act With The Goal Of Facilitating A Prompt Resolution Of Disputes Pertaining To Marriage And Families With Less Costs And Formalities And Facilitating An Agreement Between The Parties For A Quicker Resolution. However, Achieving These Goals Is Not Without Its Difficulties.


  • The Act's Defining Section Is Covered In Section 2, And Some Of The Terminologies Are Ambiguous. For Example, The Term "Family" Means That Issues Resulting From Financial Ramifications That Have An Impact On The Family In Different Ways Are Not Handled By The Family Court.

  • State Governments Are In Charge Of Creating And Formulating Family Court Laws, But They Have Not Yet Been Able To Successfully Execute This Legislation, Which Has Resulted In Dysfunctional Family Courts.

  • With The Replacement Of Counsellors And Other Officials, The Situation For Women And Children Descended Into A Pitiful State. It Becomes More Difficult For The Parties, Particularly Women And Small Children, To Re-Transmit Their Problems If A Case Drags On For A Longer Period Of Time And The Counsellor Is Transferred To Another Location In The Middle Of It.

  • The Family Court Follows The Crpc's Protocols Throughout The Proceedings, Making It Harder For The Average Person To Comprehend The Intricate Legal System. There Are No Easier-To-Understand Regulations That Have Been Developed By This Act.

  • The Act's Failure To Provide Gender Fairness Is A Result Of Judges' Traditional Views And Counsellors’ Patriarchal Attitudes.


Prior To 1984, All Family Cases Were Heard By Regular Civil Court Judges, Who Were Known For Their Protracted Decision-Making Process. The Family Courts Act Was Passed And Implemented By The Parliament In 1984. The Principal Objective Of The Aforementioned Legislation Was To Relocate Family And Marital Disputes From The Congested And Conventional Courts Of Law To A More Accessible Court Where The Processes Could Be Easily Understood By The General Public. 


The Principal Objective Of The Act Was To Employ A Conciliatory Approach In Order To Expedite Relief For The Parties And To Encourage A Settlement Between Them. Nevertheless, The System Was Unable To Achieve These Goals. The Resolve Of Today Validates The Fallacy Of The Fast Cure.


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