Notes

Family Courts In India-

• 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 in every area in the state, a Family Court. One or more
judges head it and preference is given to women judges.
Various matters dealt in the Family Court in
India:
• The matters which are dealt in the Family Court in India are matrimonial reliefs
which includes :
• nullity of marriage,
• judicial separation,
• divorce,
• restitution of conjugal rights,
• declaration as to the validity of marriage and matrimonial status of the
person,
• property of the spouses or any of them
• declaration as to the legitimacy of any person, guardianship of a person or

• custody of any minor, maintenance including the proceeding under the Cr.PC.
Section 9 of Family Courts Act 1984. Duty
of Family Court to make efforts for settlement

• (1) In every suit or proceeding, endeavour shall be made by the Family

Court in the first instance, where it is possible to do so consistent with
the nature and circumstances of the case, to assist and persuade the
parties in arriving at a settlement in respect of the subject-matter of the
suit or proceeding and for this purpose a Family Court may, subject to
any rules made by the High Court, follow such procedure as it may
deem fit.
• (2) If, in any suit or proceeding, at any stage, it appears to the Family
Court that there is a reasonable possibility of a settlement between the
parties, the Family Court may adjourn the proceedings for such period
as it thinks fit to enable attempts to be made to effect such a
settlement.
• (3) The power conferred by sub-section (2) shall be in addition to, and
not in derogation of, any other power of the Family Court to adjourn
the proceedings.
Section 7 of Family Courts Act 1984-
Jurisdiction:
• (1) Subject to the other provisions of this Act, a Family Court shall- -(1) Subject
to the other provisions of this Act, a Family Court shall-"
• (a) have and exercise all the jurisdiction exercisable by any district court or any
subordinate civil court under any law for the time being in force in respect of suits
and proceedings of the nature referred to in the explanation; and
• (b) be deemed, for the purposes of exercising such jurisdiction under such law, to
be a district court or, as the case may be, such subordinate civil court for the area
to which the jurisdiction of the Family Court extends. Explanation.-The suits and
proceedings referred to in this sub-section are suits and proceedings of the
following nature, namely:-
• (a) a suit or proceeding between the parties to a marriage for a decree of nullity of
marriage (declaring the marriage to be null and void or, as the case may be,
annulling the marriage) or restitution of conjugal rights or judicial separation or
dissolution of marriage;
• (b) a suit or proceeding for a declaration as to the validity of a marriage or as to
the matrimonial status of any person;
• (c) a suit or proceeding between the parties to a marriage with respect to the
property of the parties or of either of them;
• (d) a suit or proceeding for an order or injunction in circumstances arising out of a
marital relationship;
• (e) a suit or proceeding for a declaration as to the legitimacy of any person;
• (f) a suit or proceeding for maintenance;
• (g) a suit or proceeding in relation to the guardianship of the person or the custody
of, or access to, any minor.
• (2) Subject to the other provisions of this Act, a Family Court shall also have and
exercise-
• (a) the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX
(relating to order for maintenance of wife, children and parents) of the Code of
Criminal Procedure, 1973 (2 of 1974); and
• (b) such other jurisdiction as may be conferred on it by any other enactment.