Establishment Of Family Courts In India:. The Act Envisages

1246 WordsFeb 9, 20175 Pages
Establishment of Family Courts in India: The Act envisages the establishment of Family Courts by the State Government by a Notification in the Official Gazette, after consultation with the High Court of the State. As observed by the Supreme Court, State Governments should establish Family Courts not only because it is so provided in the Act, but also to discharge its social obligation to provide a less formal platform for resolving family disputes. (Gangadharan v. State of Kerala, AIR 2006 SC 2360) Under the Act, the State Government must establish one Family Court for every area in the State comprising of a town or city which has a population of one million or more. Family Courts may also be established for other areas in the State as the…show more content…
In addition to the above, a Family Court also has jurisdiction which can be exercised by a Magistrate of the First Class under Ch. IX of the Code of Criminal Procedure, 1973, in matters relating to maintenance of wives, children and parents. Procedure to be followed by Family Courts: Procedural matters relating to Family Courts may be summed up as under: i. A Family Court is deemed to be a ‘civil court’ and has all the powers of a civil court. The provisions of the Code of Civil Procedure, 1908, apply to all suits and proceedings before a Family Court. ii. In every suit or proceeding, the Family Court must, whenever it is possible to do so, endeavour to assist and persuade the parties to the litigation to arrive at a settlement. iii. All suits and proceedings may be held in camera if the Family Court so desires, and shall be so held if either party so desires. (Proceedings are said to be held in camera
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