Under Article 7, paragraph 2, the family courts are also empowered to exercise the jurisdiction exercised by a first-class judge under Chapter IX of the 1973 Code of Criminal Procedure and any other jurisdiction provided for in another decree. The husband applied to the High Court against the Order of the Family Court and challenged the jurisdiction of the Family Court under the Family Act 1986. The High Court held that the Family Court did not have jurisdiction under the 1986 Act to make such an order. However, the applicant may apply to the competent court in accordance with section 3 of the 1986 Act. The wife appealed the High Court`s order to the Supreme Court. The Family Courts Act 1984 is the result of the struggle of various NGOs and women`s associations across the country. The main objective was to enable faster resolution of disputes in family matters. In the past, all cases relating to the mother family were heard by ordinary courts, which takes a long time for a verdict to be rendered. The family court offers the possibility of settling cases even amicably and at a lower legal cost. The objective set by the Court of Justice has not yet been achieved.
Family courts still need appropriate methods for the proper functioning of the proceedings and their objective should be for any layman to understand the course of the case. If progressive changes are made to this act, the objective of creating special courts will be achieved. 2. The family court judge may summon and hear any person who is part of an affidavit presented to the court as evidence. Under the Family Court Act, explanation (f) of paragraph 7 (1) clearly provides that the family courts have jurisdiction to hear maintenance applications or proceedings. Also under article 7, paragraph 2, the family courts are empowered to exercise the jurisdiction exercised by a first-class judge under Chapter IX of the 1973 Code of Criminal Procedure with regard to the maintenance of the wife, children and parents. This means that the family courts may award maintenance in accordance with § 125 CrPC. The provisions for the appointment of judges to the Family Court are governed by section 4 of the Family Court Act 1984. The State Government has the power to appoint one or more persons as judges of the Family Court after consultation with the Supreme Court.
The government of the state may also, after consultation with the Supreme Court, appoint one of the judges as chief justice and any other judge as additional chief justice. The chief justice`s primary task is to divide the affairs of the tribunal among the various judges, and the additional Chief Justice is appointed to exercise the powers of the Chief Justice in his or her absence or if he or she is unable to do so due to illness or other reasons. Section 10 of the Family Courts Act 1984 sets out the general procedure followed by the family courts. Article 10(1) applies the provisions of the 1908 Code of Civil Procedure in actions or proceedings of the family court and, through the application of the Code of Civil Procedure, the family court is considered to be a civil court and has the powers of that court. Article 10, paragraph 2, provides that the provisions of the Code of Civil Procedure of 1908 apply to actions and proceedings of the family court under Chapter IX of the Code of Civil Procedure. Article 10(3) gives the family court the power to determine his own procedure according to the circumstances of the action or proceedings or on the basis of the veracity of the facts established by one party and rejected by another with a view to reaching an agreement. The Family Courts Act 1984 was enacted on 14 September 1984 to establish family courts in India to promote conciliation and ensure the prompt resolution of marriage and family disputes. In India, the family court can accept appeals for the issuance of the divorce decree under various laws such as the Dissolution of Muslim Marriage Act, 1939, the Muslim Women (Protection of Rights in Divorce) Act, 1986, the Marriage and Divorce Parsis Act, 1936, divorce act 1869, special law 1954, marriage abroad act 1969, etc. For the dissolution of Hindu marriage, one can file for divorce under the Hindu Marriages (Validation of Procedures) Act 1960. India`s judicial system has the largest backlog of pending cases in the world.
According to the National Judicial Data Grid (NJDG), about 3.7 million cases are pending before high courts, district courts and Taluka courts across India, or even more than 3.7 million in more than 10 years. This statistic really justifies “delayed justice is deprived of justice”. Ordinary courts are burdened with so many civil cases that no attention has been paid to family disputes. In addition, several charities and individuals have lobbied for prompt redress in family disputes by creating special courts. The Law Commission also stressed in its 59th Report (1974) that it was necessary to distinguish between family disputes and ordinary civil proceedings and that reform efforts should be made to resolve disputes between a family. According to explanation (c) of section 7(1) of the Family Court Act, the Family Court has jurisdiction to hear disputes relating to the spouses` property. In general, disputes between the parties to the marriage arise when the divorce decree has been rendered. The family court may hear the action or proceedings relating to disputes concerning the property of the parties to the marriage by fulfilling two conditions: GET.
INFOlearn.lawdocs.in/functions-and-duties-of-family-courts/ In order to allow for prompt resolution with fewer costs and formalities in matrimonial and family disputes and to reach an agreement between the parties for their conciliation, the Family Court Act 1984 was therefore amended by Parliament. This law established family courts in the United States, through which reasonable efforts are made to reach an agreement before a trial begins in other courts. Family court proceedings may take place in the presence of cameras. In accordance with article 11 of the Act, the proceedings of the Family Court may be held in camera, if the court considers it or if a party to the action so wishes. The Family Courts Act 1984 was progressive legislation aimed at resolving family disputes through an innovative and faster forum. It was expected that this mode would work fairly and achieve maximum success in dealing with family conflicts. Family courts have been established under section 3 of the Act with the aim of enabling early resolution with lower costs and formalities in marriage and family matters and reaching agreement between the parties for a faster resolution. But there are challenges in achieving these goals. Since family courts work with fewer formalities, they do not record long witness statements, but only the witness` testimony, which relates to the subject matter. Under section 14 of the Act, any report, declaration or document relating to the object is authorized under the Indian Evidence Act of 1872.
According to section 15 of the Act, it is also not necessary for a family court to record in detail the testimony of a witness, only the part relating to the prosecution or proceedings is sufficient, and it must be signed by the judge and the witness. The purpose of the family courts was to resolve disputes arising out of marriage with a conciliatory approach. However, these objectives have not been fully achieved for a number of reasons. The following are some proposals that should be adopted by a family court to ensure the proper functioning of the court and the achievement of the purpose of the law. The court records what the witness testifies, and the memorandum is signed and is part of a protocol. At the request of one of the parties, the court may summon and examine each of those parties to hear the facts contained in the affidavit. In the case of K.A. Abdul Jaleel v.a.t. Sahida: The court ruled that the term “parties to the marriage” includes a divorced wife and that an application by her for the declaration and division of the property they have jointly acquired can be maintained. Under the Family Court Act 1984, the Family Court has jurisdiction in civil and criminal matters. In civil matters, it may deal with all claims and proceedings relating to matters of marriage, the legitimacy of a person, the maintenance and custody of a child or contact with minors.
In criminal proceedings, he is responsible for the maintenance of the wife, children and parents. However, section 26 is not adequately applied because the powers of the family court in matters of domestic violence are not properly described, nor are the family courts aware of their jurisdiction under section 26 of the Domestic Violence Act. For this reason, most victims turn to the magistrate and not to the family courts. .