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Note on family court act...

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Family Law kuklawnotes.blogspot.com/p/family-law.html

12. discuss the jurisdiction, procedure and other salient features of family courts under act, 1984. Or The jurisdiction of family courts. Introduction:- The establishment of the Family court for the purposes of exercising the jurisdiction and the powers to ensure that persons committed to the need to protect and preserve the institution of marriage, declaration as to the validity of a marriage or as to the matrimonial status of any person and to promote the welfare of the family. Definition of Family Court:-Family Courts with a view to promote conciliation in and secure speedy settlement of disputes relating to marriage and family affairs and matters connected therewith. Jurisdiction of Family Court:-The complete detail in respect of the jurisdiction of the Family Court under Family Courts Act, 1984 is as under:1. The family courts may exercise the entire jurisdiction exercisable by and District Court or any subordinate civil court under any law for the time being in force. 2. The Family Courts have the jurisdiction to accept a suit for proceeding between the parties to a marriage with respect to the property of the parties of either of them. 3.Family Court has the jurisdiction to suit for proceeding between the parties to a marriage for a decree of nullity of marriage(declaring the marriage to be null &void or as the case may be annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage. 4. Family Court may accept the suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person. 5. The Family Court may commence a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship. 6. Proceeding for declaration about the legitimacy of any person is accepted by the Family Court. 7. The family court has the jurisdiction to suit or proceeding for maintenance and in relation to the guardianship of the person or the custody of, or access to any minor. PROCEDURE:Section 9 of Family Courts Act, 1984, laid down the following procedures:1. Duty of Family courts to make efforts for settlement:- Every suit or proceeding endeavour shall be made by the Family Court in the first instance, with the nature of circumstances of the case to assist and persuade the parties in arriving at a settlement and follow those rules framed by High Court as deemed fit. 2. Family Court may Adjourn:-If any suit or proceeding at any stage seems to be 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 to adjourn: - conferred by sub-sec.2 shall be in addition to and not in derogation of any other Power of the Family Court to adjourn the proceedings. Procedure Generally 1/4

1. Sec.10 of Family Courts Act also provides subject to other provisions of this act and the rules of provisions of the Code of Civil Procedure and of any law for the time being in force shall apply to such proceedings under criminal procedure code. Family Courts shall deem to be a civil court and shall have all the powers of such court. 2.Provisions shall prevent a family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other. Under section 10(2). 3. Proceedings to be held in Camera:-In every suit or proceeding to which this act applies, the proceedings may be held in camera if the Family Courts so desires and shall be so held if either party so desires u/sec.11. 3. Assistant of Medical & welfare:-Under sec. 12 of the Act, every suit or proceedings, it shall be open to family court to secure the services of a medical expert or such person (preferable a woman where available) for the purpose of assistance in discharging the functions imposed by this act. 4. Record of oral evidence:-In suits or proceedings before a family court it shall not be necessary to record the evidence of witnesses at length but the judge as the examination of each witness proceeds shall record or cause to be recorded a memorandum shall be signed by the witness. OTHER SALIENT FEATURES OF FAMILY COURTS UNDER ACT, 1984:1.Act to have overriding effect:- One of the salient feature that the provisions of this act that this act shall have the effect notwithstanding anything inconsistent there with contained to any other law for the time being in force or in any instrument having effected by virtue of any law other than this act. 2. Power of High Courts to make rules: - sec.21 of this act provides High court may make such rules may deem necessary by gazette notifications. 3. Power 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. 4. Power of State Govt. To make rules:-Sec.23 of the act also provides that the State Govt. By issue of gazette notification to make rules with the consultation with High Court. 5 Preference shall be given to women. 13 Discuss the function of Social Welfare Agencies in settlement of family disputes. Introduction:-The State government shall in consultation with the High Court to determine the number and categories of councillor, officers and other employees required to assist the Family Court in discharge of its function and provide the Family Court with such councillors, officer and other employees as it may think fit. Association of social welfare agencies:- The state government may with the consultation the High Court, provide by rules for the association in such a manners and for the purpose and subject to such conditions as may be specified in the rules with a Family Court. 1. Institution or organisation engaged in Social Welfare or the 2/4

representative thereof:-Different Institutions or organisation who are actively engaged with the society for the welfare of the Family and are also helping the courts in settlement of the family disputes may also be welcomed and to consider their counselling’s. 2. Persons working in the fields of social welfare of the Family:- Persons working in the field of Social welfare and making their sincere efforts for developing the mentality of the members of the society for the early and better settlement of the family disputes may also be honoured by the society so that they take more active part and interest in this field. 3. Any other people who association with a Family Court would enable into exercise its jurisdiction mare effectively in accordance with the purpose of the act. 4. Person professionally engaged in promoting the welfare of the family:-Such persons who are professionally involves in promoting and doing efforts for the welfare of the families be encouraged by appreciating their work by the government and must be rewarded. 5. Terms and conditions: The terms and conditionsof the association of the councillors and the services to be rendered by the officers and other employees shall be such, as specified by rules made by government. CONCLUSION:- On the nut- shell it is stated that the family courts have been established for the speedy disposal of the cases related to family disputes. These family courts have come into force on the date as the government has notified the provisions in the govt. Gazette, by including the persons working in the field of social welfare of the family. However in the provisions it is also provided that any other person whose association with family court would make the courts enables to exercise its jurisdiction more effectively in accordance with the purpose of this act. UNIT-IV Special Marriage Act, 1954 Marriage solemnized is void if either of the parties to the marriage had not attained the requisite age.

Hindu Law The marriage under Hindu law would not be void though punishable under the Child Marriage Restraint Act.

CONCLUSION:- In fact this act was introduced for the first time in 1872 and also was enacted too. After sometimes inadequate discrepancies were noticed and it requires some reforms. The law sought to legitimate marriages for those willing to renounce their profession of faith altogether means I do not profess the Hindu, Christian, Jewish, etc. religion. The Special Marriage Act replaced the old Act and new was enacted the same during the year l954, which provides special form of marriage in certain cases and registration of marriage as well as the provisions of divorce.

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CONCLUSION:-

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