Family courts are specialised bodies under the Family Courts Act, 1984 set up to conciliate and speedily settle marriage and family disputes.
At a glance
Specialised courts under the Family Courts Act, 1984 dealing exclusively with marriage and family disputes.
Obligatory for State Governments to set up a Family Court in every city/town with population exceeding one million.
Prioritises conciliation and speedy, inexpensive settlement over adversarial litigation in family matters.
Timeline
Family courts are specialised judicial bodies established under the Family Courts Act, 1984 to deal exclusively with disputes relating to marriage and family affairs, with an emphasis on conciliation and speedy settlement rather than adversarial litigation. They were created to give family disputes a distinct forum, separate from the ordinary civil court system, where procedure could be simplified and settlement encouraged.
Background and Reasons for Establishment
The demand for separate family courts came from women's associations, other organisations, and individuals who repeatedly urged that family disputes be handled through conciliation and socially desirable outcomes rather than rigid procedural and evidentiary rules. The Law Commission of India, in its 59th Report (1974), took up this concern and recommended that courts dealing with family matters adopt an approach radically different from ordinary civil proceedings, making reasonable efforts at settlement before a trial even began.
Acting on this, the Code of Civil Procedure was amended in 1976 to introduce a special procedure for suits and proceedings concerning the family. However, this conciliatory procedure was not put to much use in practice, and courts continued to handle family matters with the same adversarial approach used in other civil cases. It was this gap between intent and practice that created the case, in the public interest, for a dedicated Family Court system.
Objectives of Family Courts
The establishment of Family Courts was driven by four main objectives:
| Objective | What it means |
|---|---|
| Specialised court | A court dealing exclusively with family matters, developing the necessary expertise for expeditious disposal |
| Conciliation mechanism | An institutional process for conciliating family disputes rather than simply adjudicating them |
| Inexpensive remedy | Keeping the cost of seeking redress in family matters low |
| Flexibility and informality | An informal atmosphere in the conduct of proceedings, rather than strict courtroom procedure |
Key Features of the Family Courts Act, 1984
- Family Courts are established by State Governments, in consultation with the concerned High Court.
- It is obligatory for a State Government to set up a Family Court in every city or town with a population exceeding one million.
- State Governments may also set up Family Courts in other areas if they consider it necessary.
- The Act makes it obligatory on the Family Court to first attempt reconciliation or settlement between the parties to a family dispute before proceeding further.
Jurisdiction of Family Courts
Family Courts are given exclusive jurisdiction over the following categories of family matters:
| Category | Matters covered |
|---|---|
| Matrimonial relief | Nullity of marriage, judicial separation, divorce, restitution of conjugal rights, or declaration as to the validity of marriage or matrimonial status of a person |
| Property | Property disputes involving the spouses, or either of them |
| Legitimacy | Declaration as to the legitimacy of any person |
| Guardianship and custody | Guardianship of a person, or custody of any minor |
| Maintenance | Maintenance of wife, children, and parents |
By consolidating these matters under one specialised forum, the Act sought to avoid the fragmentation of related family disputes across multiple ordinary courts.
UPSC Relevance
Prelims
- Family Courts are constituted under the Family Courts Act, 1984, by State Governments in consultation with the High Court.
- Setting up a Family Court is obligatory in cities/towns with a population exceeding one million.
- The Law Commission's 59th Report (1974) recommended a conciliatory approach for family disputes.
Mains
- Discuss the objectives behind the establishment of Family Courts and assess whether a conciliation-first approach serves family justice better than adversarial litigation.
- Examine the jurisdiction of Family Courts and its significance for the resolution of matrimonial and custody disputes.
FAQ
Q1. Under which law were Family Courts established in India? Family Courts were established under the Family Courts Act, 1984.
Q2. Who sets up Family Courts? State Governments set up Family Courts, in consultation with the High Court of the state.
Q3. Is it compulsory for every state to have a Family Court? It is obligatory for a State Government to set up a Family Court in every city or town with a population exceeding one million; setting them up elsewhere is optional.
Q4. What kind of disputes do Family Courts handle? Family Courts exclusively handle matrimonial relief, disputes over the property of spouses, declarations of legitimacy, guardianship or custody of minors, and maintenance of wife, children, and parents.
Q5. What is the first duty of a Family Court in a dispute? The Family Court must first make an effort to bring about reconciliation or a settlement between the parties before adjudicating the dispute.
Quick Revision
- Family Courts Act enacted in 1984.
- Law Commission's 59th Report (1974) recommended a conciliatory approach to family disputes.
- CPC amended in 1976 introduced a special procedure for family suits, but it saw limited use.
- Family Courts set up by State Governments in consultation with High Courts.
- Mandatory in cities/towns with population over one million.
- First duty: attempt reconciliation/settlement before adjudication.
- Exclusive jurisdiction: matrimonial relief, spousal property, legitimacy, guardianship/custody, maintenance.
Sources
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- Indian Polity — M. Laxmikanth — the standard UPSC handbook.
- Introduction to the Constitution of India — D.D. Basu — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.