1

Subject: family law

Title of Research Paper: Role of family courts in
family matters

Name: Siddhi T.Badak

Roll No.: 02
Class: 4th year.BLSLL.B
Submitted to: PROF . Pooja ma’am

Student signature
Date - --2022

Place- navi mumbai/kalamboli

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CERTIFICATE

CLASS-4th year BLS LLB. YEAR- 2022-

23

This is to certify that the research work carried out by Miss Siddhi badak Who has worked for
the seven semester the 4th year of Bls LL.B course For the academic year 2022-2023

This is to certify that the research work entitled. Role of family courts in family matters
against the government which is being submitted by siddhi badak as internal assignment for
the sevan semester the 4th year BLS LL.B Course for the academic year 2022-23 is an
independent and original research work carried out by her

Miss Siddhi badak as worked under my guidance and supervision to fulfill your requirements
for the submission of this research work.

The conduct of student remained excellent during the period of research.

DATE-. --2022

PLACE-KALAMBOLI,NEW MUMBAI. PROF.- Pooja ma’am

Signature
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PLAGIARISM AND COPYRIGHT DECLARATION FORM

NAME OF THE STUDENT: siddhi T.Badak

ROLL NUMBER : 02

CLASS :4th year BLS LLB

SUBMITTED TO : Pooja ma’am

TOPIC NAME. : Role of family courts in family matters

This is to certify that I, siddhi badak have done all the work applying original efforts in
my research work title- Role of family courts in family matters submitted to kle
society’s law college for the internal Research in the subject of family law submitted to
prof. Pooja ma’am - 9– 2022 .

The research work presented is absolutely free from plagiarism and copyright
infringement.

If any violation of copyright or plagiarism occurs , it would be my sole responsibility.

Date : 30-9-2022
SIGNATURE
Place:Navi Mumbai,kalamboli.
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Acknowledgement
The success and final outcome of research paper required a lot of guidance and assistance
from many people and I am extremely fortunate to have got this all along the completion of
the research project .whatever I have done is only due to such guidance and assistance and I
would not forgot to thank them .I respect and thank Pooja ma’am for giving me this
opportunity to do this research work and providing me all support and guidance which made
me complete the research work on time.
I am extremely grateful to her for providing such a nice support and guidance for converting
my thoughts into reality and for encouragement to prepare the project of Role of family
courts in family matters for the research to enhance my ability in the field of law.

I am really grateful because I managed to complete this assignment within the time given by
her. This assignment would not have completed without effort and cooperation from my
teachers I would like to express my gratitude to them.
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Abstract
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Index

SR.NO TABLE OF CONTENTS PAGE NO

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Introduction

Indian Judiciary has the largest backlog of pending cases in the world.
According to National Judicial Data Grid (NJDG), around 3.7 million
cases are pending before the High Courts, District and Taluka Courts across
India or even more than 3.7 million for over 10 years. This statistics truly
justifies “justice delayed is justice denied”. The regular courts are burdened
with as many civil matters that no attention was given to the family-related
disputes. Also, there was pressure from several welfare organisations and
individuals, demanding for fast relief in the family-related disputes, by
establishing the special courts. The Law Commission in its 59th Report
(1974) also emphasised that there is a need of distinguishing the family-
related disputes from common civil proceedings and reforming efforts
should be made to settle the disputes between a family.

Therefore, to provide speedy settlement with fewer expenses and

formalities, in disputes relating to marriage and family and to make an
agreement between the parties for their conciliation, the Family Courts
Act, 1984 was enacted by the parliament. Through this act, the Family
Courts were set up in the states through which reasonable efforts for an
agreement are made before beginning a trial in other Courts.

Important provisions of the Family Courts Act, 1984

The Family Courts Act, 1984 was enacted on September 14, 1984. This act
contains 6 chapters and 23 sections. The act was enacted with the main aim
of establishment of family courts for rapid and safe settlement in the
disputes arising in family and marriage and the matters related therewith.
Establishment of family courts in India
According to Section 3 of this act, the State government, after consultation
with the High Court shall establish the Family Court in every area of the
state where the population is exceeding 1 million or in the area where the
State government deem necessary.

The State government, after consultation with the High Court, shall specify
the limits of the area till where the jurisdiction of the Family Court extends.
It may also reduce, increase, or alter such limits of the jurisdiction of the
Family Court.
Appointment of judges

The provisions related to the appointment of judges in the Family court are
dealt under Section 4 of the Family Courts Act, 1984. The state
 8

government has the power to appoint one or more persons as the judges of
the Family Court after consulting with the High Court. The state1

government, after consulting with the High Court, may also appoint any of
the judges as the Principal Judge and any other judge as to the Additional
Principal Judge. The main function of the Principal Judge is to distribute
the business of the court among the various judges and the Additional
Principal Judge is appointed to exercise the powers of the Principal Judge
in his absence or when he is not able to do so due to illness or any other
cause.

This section also led down the following qualifications which are required
for appointing as judge of the Family Court:

• He must have worked for a term not less than seven years in a
Judicial Office in India or in the office of a Member of a Tribunal or
any post under the Centre or a State which requires special
knowledge of law; or
• He must have worked as an advocate of a High Court or two or more
courts of succession for a term not less than seven years; or
• He must possess such qualifications as prescribed by the Central
government after consulting with the Chief Justice of India; or
• He must have not attained the age of sixty-two years.

In this process of selection of judges, it must be ensured that the person

selected must know how to settle a dispute by way of conciliation and
counselling, to protect the marriage and to promote the welfare of the
children by their reason and experience. While selecting the judges, it must
also be ensured that the preference shall be given to the women. The salary
or honorarium, other allowances payable and other terms and conditions of
the judges of the Family Court will be decided by the State Government
after consulting with the High Court.
Jurisdiction
Section 7 of this act confers those power and jurisdiction on the family
courts which are exercised by the District Court or Subordinate Civil Courts
in their suits and proceedings. The Explanation of this section tells about
the nature of the suits and proceedings, which are as follows:

1National Judicial Data Grid (NJDG),

59th Report (1974)
Family Courts Act, 1984
Important provisions of the Family Courts Act, 1984
Section 3
 9

•A suit or proceeding for the decree of nullity of marriage, or

restitution of conjugal rights, or for the dissolution of the marriage
between the parties;
• A suit or proceeding for determining the validity of a marriage or
matrimonial status of a person;
• A suit or proceeding in the matter related to the properties between
the parties to a marriage;
• A suit or proceeding for an injunction or order arising out of a
marriage;
• A suit or proceeding for declaring the legitimacy of a person;
• A suit or proceeding for maintenance;
• A suit or proceeding for the guardianship of the person, or custody of
any minor.
• Under Section 7(2), the family courts have also the power to
exercise a jurisdiction which is exercised by a Magistrate of the first
class under Chapter IX of the Code of Criminal Procedure,
1973 and such other jurisdiction as provided by any other enactment.

• How do family courts promote conciliation and

speedy settlement of family affairs
• The main aim of the Family Courts Act, 1984 was to provide quick
and less expensive relief to the parties in a less formal way with least
technicalities. The object of the establishment of these courts was to
promote reconciliation between the parties and reach a stage of the
agreement. It is the duty of the Court to make reasonable efforts for
the settlement. Therefore, the court works with a conciliatory
approach. There are some provisions of the act which suggests that
the family court follows a conciliatory approach to settle the disputes
between the party.

• Under Section 4 of the act, the judges appointed in the family courts
should have the aim to achieve the purpose of the act, which is to
protect and preserve the relations and by way of conciliation and
counselling. The reasonable efforts should be made to settle the
disputes by way of an agreement.
Duty of the court to make reasonable efforts for reconciliation
between the parties
Section 9 of this act prescribes the duty of the family court to make efforts
to promote reconciliation between the parties. As, per Section 9(1), in the
first instance, the family court, in every suit or proceeding, shall make
efforts to convince the parties to settle the dispute with an agreement and 2

2Section 4
Section 5
 10

for this purpose, the family court may follow the rules prescribed by the
High Court or follow such rules or procedure as the family court may deem
fit.

According to Section 9(2), if the family court finds that at any stage of the
proceeding there is a reasonable probability of settlement between the
parties, the court has the power to adjourn the proceedings until the
settlement is reached. And as per Section 9(3), the power prescribed under
sub-section 2 is an addition to the powers of the family court.

Help from medical and welfare experts

As to promote reconciliation between the parties, Section 12 prescribes
that the family court can take assistance from medical and welfare experts.
According to this section, the family court is open with an option to secure
the services of a medical expert or any other person (preferably a woman),
whether related to the parties or not or any professional who will promote
the welfare of the family or any other person who can help the family court
in discharging its functions.
Association of social welfare agencies and counsellors
According to Section 5 of the family courts act, the state government after
consulting with the High Court may make rules regarding the association of
the following persons or institutions with the family court:

• Organisations or institutions related to social welfare;

•A professional person who will work for the welfare of the family
court;
• Any person who is working in the field of social welfare;
• Any other person whose presence will ensure the effective working of
the family court.

Section 6 of this act provides that the state government after consulting
with the family court shall determine the number of counsellors, officers
and other employees who will help the family court in discharging its
functions effectively and shall ensure the presence of such counsellors,
officers and other employees.

The counsellors play an important role in the working of the family court.
Most of the cases of the family court can be solved by effective counselling.
So, the fair selection of counsellors for the family court must be ensured.

Jurisdiction
Section 7
Code of Criminal Procedure, 1973
Section 9(2),
Section 12
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Common cases heard in family courts

• Dissolution of marriage
India is one of the countries with the largest population, due to which there
are many married couples in the country. While having this large number
of married couples, there will be more chances of having more cases of
disputes between the couples and their family. And for seeking remedy they
will surely approach the courts.

In India, the family court can accept the appeals for grant of decree of
divorce under various acts like Dissolution of Muslim Marriage Act,
1939, Muslim Women (Protection of Rights on Divorce) Act, 1986, the Parsi
Marriage and Divorce Act, 1936, the Divorce Act, 1869, the Special
Marriage Act, 1954, Foreign Marriage Act, 1969 etc. For the dissolution of
Hindu marriage, one can file an appeal for divorce under Hindu Marriages
(validation of proceedings) Act, 1960.

In the case of Reddy Anada Rao v. Ms Totavani Sujatha, the

appellant and the respondent were living their life by following Christian
religion but they got married as per the Hindu rituals in a Hindu temple.
The appellant i.e. the husband claimed that he was forced to marry the
respondent therefore, he appealed for the dissolution of his marriage and to
set aside his marriage certificate. The question was raised by the office of
the family court that the marriage was itself null and void as per the
provisions of Hindu Marriage Act, 1955 so there is no need for the suit.
The judge held that the appeal for dissolution of marriage is not
maintainable in the family court as Section 5 and Section 11 of the Hindu
Marriage Act has clearly laid down that the marriage is null and void if it
has been done with coercion or without the consent of any party. Later, the
husband appealed in the High Court for which the court held that as per the
Explanation (a) of Section 7 of Family Courts Act, 1984, the family court
has jurisdiction in the concerned matter. As per the provisions of this act,
the family court has jurisdiction over the disputes arising out of the
marriage of any caste or creed.
• Child custody
The explanation (g) in Section 7(1) provides that the family court has
jurisdiction to grant the custody of the child to a proper person and to make
that right person the guardian of a minor. The cases related to the custody
of the child are filed before the family court where he usually resides. For
example, if the father is residing in Uttar Pradesh and the mother along
with the minor child is residing in Mumbai and the father wants to have
custody of the child then he has to file the case in Mumbai’s family court.
Thus, the family court has exclusive jurisdiction over child custody cases.
The family court has also the power to accept the petitions made under
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the Guardian and Wards Act, 1890 and the Hindu Minority and
Guardianship Act, 1956.

• Security orders- domestic violence

The family courts act has not specifically mentioned the jurisdiction of the
family court in matters of domestic violence. And this is the area where
family courts are lacking. Though the act hasn’t made any provision related
to the matters of domestic violence. However, there is a provision
under the Protection of women from Domestic Violence Act,
2005 (hereinafter DV Act), according to which the family court can
entertain the matters related to domestic violence. The DV Act is not wholly
a criminal law; it has also granted powers to the civil and family courts. As
per Section 26 of the DV Act, the victim can not only claim relief from the
Magistrate but also from the family court and other civil courts.

In the case of Sudhannya K.N. vs. Umasanker Valsan (2013), the

Kerala High Court discussed the scope of DV Act and held that the scope of
DV Act is wide as it guarantees rights to women to approach either
magistrate or family court for filing suit according to her comfort zone. The
court also held that the family court has the power to pass the interim
protection orders as well as interim residence orders under Section 26 of
the DV Act. 3

However, Section 26 is not used adequately because the powers of the

family court are not properly described as in the matters related to

domestic violence and also the family courts are not clear about their
jurisdiction under Section 26 of the DV Act. Due to this, most of the victims
approach the Magistrate instead of the family courts.
• Maintenance
Under the family court act, explanation(f) of Section 7(1) clearly provides
that the family courts have jurisdiction over the suits or proceedings for
maintenance. Also under Section 7(2), the family courts have the power to
exercise a jurisdiction which is exercised by a Magistrate of the first class

3 Dissolution of marriage

Child custody
Guardian and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956.
 13

under Chapter IX of the Code of Criminal Procedure, 1973, which is related

to maintenance of wife, children and parents. This means the family courts
can grant maintenance under Section 125 of CrPC.

The Supreme Court recently in the case of Rana Nahid v. Sahisul Haq
Chisti (2020) has given a contrasting judgement over the jurisdiction of
the family court under Muslim Women (Protection of Rights on
Divorce) Act, 1986 (1986 Act). The facts of the case are: a Muslim
woman moved to the family court of Ajmer under Section 125 of CrPC for
claiming maintenance from her husband as she was harassed for dowry and
was thrown out of the home. The family court accepted the application
made under Section 125 of CrPC, as an application under Section 3 of the
1986 Act. The family court ordered the husband to pay Rs 3 Lakh to his wife
and Rs 2000 every month for the maintenance of his child.

The husband moved to the High Court against the order of the family court
and questioned the jurisdiction of the family court under the 1986 Act. The
High Court held that the family court has no jurisdiction to pass such an
order under the 1986 Act. However, the petitioner can approach the Court
of competent Magistrate under Section 3 of the 1986 Act. The wife
approached the Supreme Court against the order of the High Court.

Justice Bhanumati was of the opinion that the family court has no
jurisdiction for accepting an application filed under Section 3 of the 1986
Act. She supported her opinion by saying that Section 3 of the 1986 act
confers exclusive power on the Magistrate of First Class to entertain
applications made under the said section. She also made reference to the
judgements passed by various High Courts. However, Justice Indira
Banerjee holds the position that the family court has the jurisdiction for
accepting applications made under Section 3 of the 1986 Act. She held that

the preamble of the Family Courts Act suggests that it is a secular statute
which means all the laws are applied in the matters irrespective of the
religion. Also, Section 7(1), of the act provides that the family court has the
same powers and jurisdiction as of a District or Subordinate Civil Court to
entertain suits or proceedings for maintenance. She also made a reference
to the principle of equality under Article 14 and Article 15 of the Indian
Constitution and extended the jurisdiction of the family court for the
benefits of Muslim divorced women. 4

4Section 125 of CrPC.

Rana Nahid v. Sahisul Haq Chisti (2020)
Sudhannya K.N. vs. Umasanker Valsan
the Protection of women from Domestic Violence Act, 2005
Article 14 and Article 15
 14

• Property disputes
As per the explanation (c) of Section 7(1) of the family courts act, the family
court has jurisdiction over the disputes related to the property of the parties
to the marriage. Generally, the disputes between the parties to the marriage
arise when the decree of the divorce has been passed. The family court can
entertain the suit or proceeding related to the disputes of the property of
the parties of the marriage by satisfying two conditions:

• Such a dispute must have arisen between the parties to the marriage
only;
• Such a dispute must have arisen due to the property of either party.

In the case of Mrs Mariamma Ninan v. K.K. Ninan (1997), the

petitioner i.e. the wife approached the family court for the partition of the
property and claimed her separate possession as she also contributed Rs 3
lakh for the construction of the property. The family court didn’t accept the
petition and directed the petitioner to file a Civil suit. However, the High
Court set aside the order of the family court and held that the said matter
falls under the jurisdiction of the family court as per Section 7(1) of the
family courts act. The high court held that the family courts have
jurisdiction to entertain the disputes related to the partition of the property
of the parties to the marriage. Therefore, the high court resend the matter
to the family court and directed the court to entertain the matter and settle
the dispute.

Procedures followed by the family courts

The procedure followed by the family court is quite friendly as no long
formalities are required. The main objective behind the establishment of
the family court was to provide speedy relief to the parties by way of
settlement.

Section 10 of the Family Courts Act, 1984 laid the general procedure
which is followed by the family courts. Section 10(1) applies the provisions
of the Code of Civil Procedure, 1908, in the suits or proceedings of the
family court and by applying the Code, the family court shall be deemed to
be a civil court and shall have powers of such court. Section 10(2) says that
the provisions of the Code of Civil Procedure, 1908 are applied on the
suits and proceedings of the family court, under chapter IX of the code.
Section 10(3) gives power to the family court to lay down its own procedure
according to the circumstances of the suit or proceeding or at the truth of
the facts made by one party and refused by another, intending to arrive at a
settlement.5

5Mrs Mariamma Ninan v. K.K. Ninan (1997)

Section 10
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The proceedings of the family court can be held in the presence of cameras.
According to Section 11 of the act, the proceedings of the family court may
be held in camera, if the court feels so, or any party to the suit wants to do
such.

As the family courts work with fewer formalities, they don’t record the
lengthy evidence of witnesses, only that evidence of the witness is recorded
which is related to the subject matter. According to Section 14 of the act
any report, statement or document, related to the subject matter is
admissible under Indian Evidence Act, 1872. Also, as per Section 15 of the
act, it is not necessary for a family court to record the evidence of a witness
at length, only that part is sufficient which is related to the suit or
proceeding and it should be signed by the judge and the witness.

Challenges faced by family courts

The Family Courts Act, 1984 was enacted to resolve the family-related
disputes through an innovative forum. It was predicted that this forum will
work in a just manner and will secure the maximum welfare of the family.
With this view, the Family Courts were set up under Section 3 of this act.
The main objective of the family court was to provide speedy settlement
with fewer expenses and formalities, in disputes relating to marriage and
family and to make an agreement between the parties for their
reconciliation. But this objective is not fulfilled yet.

The following are the challenges which are faced by the family courts:

• Section 2 of the act has defined some terms. However, it has not
defined the term “family”, due to which matters arising out of
economic consequences which affect the family in various ways are
not covered by the family court. Only matters related to marriage,
maintenance and divorce are dealt with by the family court.
• The Act has empowered the state government to make rules for the
working of the family court in their states but most of the state
government haven’t effectively used these powers to make rules
and set up family courts.
• The situation became worse when the counsellors and other
authorities kept on changing. If a suit went for a long time and in
the middle of it if the counsellor got changed then it became
difficult for the parties, especially women to convey their problems
again. The same thing has been witnessed in the state of Tamil
Nadu where the marriage counsellors kept on changing every 3
months.
Code of Civil Procedure, 1908
Section 11
Section 14
Section 15
 16

• Asthe family court follows the provisions of code of civil procedure in

the suits or proceeding it creates difficulties for a common man to
understand the complex law. The act hasn’t created any simplified
rules which can be understood by a layman.
• The act has also negated the presence of lawyers in the suit or
proceeding of a family court which create difficulties for a common
person to understand the procedure and formalities of the court. In
such circumstances, the parties of a suit have to depend on the
clerks and peons of the court.
• The act was enacted to establish family courts across the country with
a conciliatory approach to secure speedy relief to the parties but it
failed to ensure gender justice and equality due to orthodox
thinking of judges and patriarchal attitude of the counsellors.

Are family courts functioning adequately towards

fulfilling their purpose
The parliament enacted the Family Courts Act, 1984 to provide speedy
settlement with fewer expenses and formalities, in disputes relating to
marriage and family and to make an agreement between the parties for
their conciliation. But they are not functioning adequately towards fulfilling
their purpose. There are various reasons behind it like lack of clarity in the
procedure followed by the court, improper infrastructure, biased
counselling, lack of lawyers, the inappropriate mechanism for execution
and many others. Suggestions
The family courts were established to settle the disputes arising from a
marriage with a conciliatory approach and providing speedy relief to the
parties through settlement. But these objectives were not fulfilled due to
various reasons like lack of clarity in the procedure followed by the court,
improper infrastructure, biased counselling, lack of lawyers, an
inappropriate mechanism for execution and many others. There are
following suggestions which should be adopted by a family court to ensure
proper working of the court:6

1. The only aim of family courts is to settle the dispute of the family
through a conciliatory approach. They don’t make any attempt to

6 Are family courts functioning adequately towards fulfilling their purpose

Family Courts Act, 1984
 17

secure gender-based equality. The disputes can be resolved in a

woman-friendly manner. But the government and the legislature
haven’t thought of making some changes in the law.
2. The judges of the family court are appointed based on the
qualification as that of judges of District Court. There is a need to
change this process. There should be an organised program where
judicial education on gender justice should be imparted. Also, the
judges should be trained well in dealing with the disputes related to
the family.
3. The role of counsellors should be more clear as they only focus on
the reunion of family and not care about the interests and security
of a woman. They should be trained to be more neutral while
settling the disputes.
4. The suggestions made by the workshop of the National
Commission for Women should be incorporated with the Act such
as:7

• The procedure prescribed by the act should be simplified by the

legislature so that it could be easily understood by a layman;
• The provision of the Act which grants maintenance should also
include the residence of women;
• Family courts can take assistance from NGOs and other welfare
societies to help the court in discharging its functions;
• The counsellors should not be changed frequently and they should be
trained well;
• A woman should be allowed to file a case in the family court or
district court of where she resides not particularly of where the
marriage was solemnized or of where the husband is residing.
• It is not unknown that a gaping loophole in the Indian Judiciary is
the backlog of cases. The number of cases being filed in the Supreme
Court is consistently on the rise. 34683 cases were filed in Supreme
Court in the year 1999, whereas, 70350 were filed in the year 2008,
the increase being about 103% nine years. There are cases dealing
with a broad spectrum of issues such as family matters and property
which continue for generations. Such cases continue for atrocious
periods of time, ranging from 7 years to 30 years. In such a scenario,
the channeling of cases to different courts set up specially for this
purpose not only ensures their speedy disposal, but also ensures that
the cases, being dealt by with experts in courts specially set up for
this purpose; are dealt with more effectively. The saying that “justice
delayed is justice denied” then becomes relevant to take into
consideration.

7Section 26
Maintenance
 18

• Further, pertinent to note here is that Marriage as an institution has

become the subject of great judicial scrutiny. There are a number of
judicial provisions dealing with marriage and its various aspects. The
result is that, in addition to the various advantages that these legal
provisions may provide; the privacy of this institution has been
threatened. As per studies conducted in Mumbai and Delhi, 40 % of
marriages are heading towards divorce. There are also cases of
misuse of provisions like Section 498A of the Indian Penal Code,
Protection of Women from Domestic Violence Act, Section 125
Criminal Procedure Code, Child Custody laws to name a few. There
are issues like alimony which become the topic of great controversy
and cause harassment to families. What further becomes a problem is
that personal issues get intertwined with the legal issues and lead to
the unnecessary prolonging of the disposal of these cases. The
younger generation, being made a scapegoat in the changing times
due to the ensuing cultural war between Conservatives and Liberals,
wastes its useful youth in the precincts of the litigating corridors of
the family courts, criminal courts and magistrate courts waiting in
long queues being expectant of receiving justice. The question is
whether a lawyer's participation will be useful or detrimental to the
performance of a family court. That is the crucial issue. It was
suggested at the workshop that the Women's Commission should
consider whether an amendment could be proposed to allow
participation of lawyers subject to a proviso giving power to the court
to terminate his vakalatnama if he uses delaying tactics by
unnecessary adjournments. If such control is given to the court the
lawyers will not be able to get adjournments. Further, a lay person
may be totally unaware of the legal jargon that invariably comes into
play during the proceedings.
• Further, the substantive aspect of the law cannot be ignored because
it is what cases are made of. A practical example of a problem with
the substantive law is that many times, the husband in a divorce cases
resorts to reconciliation mainly because he wants to escape the
responsibility of giving maintenance to his wife.
 19

Conclusion

Before 1984, all family matters were heard by the ordinary civil court judges
who used to take a long time to provide relief to the parties. In 1984, the
Family Courts Act was passed and came into force. The main objective of
the act was to take family and marital disputes out from the overburdened
and traditional courts of law and to bring them in the simple court where a
layman could also understand the procedure of the court. The main aim of
the act was to follow the conciliatory approach to promote a settlement
between the parties and provide them with speedy relief. But these aims
were not fulfilled. Nowadays the conclusion has been derived that the
speedy remedy is a myth. The family courts need to adopt various
appropriate steps for the smooth functioning of the family court. It is
evident that the setting up of these family courts was a dynamic step so far
as reducing the backlog and disposing off cases while ensuring that there is
an effective delivery of justice goes. However, as aforementioned, there are
still matters of concern which plague these courts. The issues relating to the
functioning of these courts is to be seen in total, as quoted in the examples
relating to the procedural as well as substantive aspects of the problems.
There are many controversial and debatable issues such as engaging a
lawyer due to the specific provisions of the Family Courts Act. Furthermore,
the lack of uniformity regarding the rules laid down by different states also
leads to confusion in its application. Merely passing a central legislation is
not in itself a complete step; for implementation in its spirit, it is to be
ensured that some level of uniformity is maintained, at least in the initial
stages of its coming into effect. Further, the need to amend certain laws is
also to be examined and implemented effectively in order to ensure that
these courts do not face any hindrance in their working. These small steps,
if examined and implemented within time, will go a long way to ensure that
the Family Courts are successful, to a greater degree, to fulfil the noble
purpose for which they were created.
 20

References

• http://ncwapps.nic.in/pdfreports/Working%20of%20Family%20co
urts%20in%20India.pdf
• https://clpr.org.in/blog/jurisdiction-of-civil-courts-and-family-
courts-under-the-domestic-violence-act/
• https://shodhganga.inflibnet.ac.in/bitstream/10603/166330/1/10_c
hapter3.pdf
• The Family Courts Act, 1984.
• Memorandum to the Chairman, Karnataka Law Commission for
Judicial Reforms, by the Public Relations Officer, Save Indian Family
Foundation, Bangalore.
• Jamwal, N., Have Family Courts lived up to Expectations?
Mainstream, Vol XLVII No 12, March 7, 2009.
• Mathew, P.O. and Bakshi, P.M., Family Courts. Indian Social
institute. Delhi, 1986
• http://www.blogcatalog.com/blog/voice-of-women
india/e9ff5198e7da7b5e528e004799249bdf