Family Courts under the Family Courts Act,

1984
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 a family court in
every area in the state. The appointment of judges of family courts is made by state
government, which may appoint one or more judges for each such court to 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:

1. A suit or proceeding between the parties to a marriage for nullity of

marriage
2. Or restitution of conjugal rights
3. Or dissolution of marriage.
4. with respect to the property of the parties or of either of them.
5. A suit or declaration as to the validity of a marriage or as to the
matrimonial status of any person
6. A suit or proceeding for an order or injunction in circumstances arising
out of a marital relationship.
7. For a declaration as to the legitimacy of any person for maintenance.
8. IN relation to the guardianship of the person or the custody of 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.
 

 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).
 

CAMERA PROCEEDING
All suit and the proceeding may e held in camera if the family court so desired and shall be
so held of either party so desired.

PERSONAL APPEARANCE MANDATORY

 No party to the suit before a family court can engage a lawyer as a matter of right .he can
do so only if the condition considered it necessary, in the interest of justice to allow him to
represented by lawyer

RECORD OF ORAL EVIDENCE AND BY AFFIDAVIT

 The family court need not record the evidence of witness length.it would be sufficient if the
judge records the memorandum of the substance of the deposition of the witness.the judge
and the witness must sign such a memorandum which then forms part of the record of the
case

 The judgment of family court must contain a consice statement of the case ,the point of
determination ,the decision of court and the reason for the decision

APPEAL
 Appeal from the judgment or order of family court can be made to high court within
30 days of passing the order or the judgment
 The appeal can be on both question of law and question of facts
 The appeal should be heard by a high court bench of two or more judges
 No appeal lies against an order which is passed with the consent of the parties

MEDICAL ASSISTANCE
In every suit or proceeding, the family court may take the assistance of medical and welfare
expert, in discharging its functions under the act

OTHER SALIENT FEATURES OF FAMILY COURT

 ACT TO HAVE OVERRIDING EFFECT
 Power of high court to make: rules sec 21 of this act provides high court may make
such rules may deem necessary by gazette notification.
 Powers of central govt to make rules:sec 22 provides that the central govt
.may with the concurrence of the chief justice of india make rules for appointment of
judges by gazette notification
  Powers of state govt to make rules: sec 23 of the act provides that the state
govt.by issue of gazette notification to make rules with the consultation with high
court.
 Preference shall be given to women

Association of social welfare agencies

The State Government may, in consultation with the High Court, provide, by rules, for the
association, in such manner and for such purposes and subject to such conditions as may be
specified in the rules, with a Family Court of,-
(a) institutions or organisations engaged in social welfare or the representatives thereof;
(b) persons professionally engaged in promoting the welfare of the family;
(c) persons working the field of social welfare; and
(d) any other person whose association with a Family Court would enable it to exercise its
jurisdiction more effectively in accordance with the purposes of this Act.
Counsellors, officers and other employees of Family Courts
(1) The State Government shall, in consultation with the High Court, determine the number
and categories of counsellors, officers and other employees required to assist a Family Court
in the discharge of its functions and provide the Family Court with such counsellors, officers
and other employees as it may think fit.
(2) The terms and conditions of association of the counsellors and the terms and conditions of
service of the officers and other employees, referred to in sub-section (1), shall be such as
may be specified by rules made by the State Government.
Conclusion
The lack of uniformity regarding the rules laid down by different states also leads to
confusion in the proper application of the Act. Though the Act was aimed at removing the
gender bias in statutory legislation, the goal is yet to be achieved. The frequent changing of
marriage counsellors is causing hardship to women who has to explain her problems afresh to
the new counsellors each time.