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.
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:
- 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.
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