Family court act india

For Appointing a Judge of the Family Court

Following qualifications are required-

• 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 not have attained the age of sixty-two years.

Jurisdiction of the Family Court (Section 7)

• Section 7 of this act grants the family courts the same powers and jurisdiction as the District Court or Subordinate Civil Courts in their suits and proceedings.
• Section 7 (2) gives the family courts the authority to exercise the same jurisdiction as a Magistrate of the First Class under Chapter IX of the Code of Criminal Procedure, 1973, as well as any other jurisdiction provided by law.

Types of Cases that are heard in Family Courts

• Dissolution of marriage
• Custody of child
• Domestic violence
• Maintenance
• Property disputes

Dissolution of Marriage

• When someone wishes to terminate their marriage, they can file a case in family court and get a court order. Divorce and annulment processes may be used to end a marriage.
• The court can also issue a separation in which the parties remain legally married but receive property, alimony, and child custody orders.

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.

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.

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 under Chapter IX of the Code of Criminal Procedure, 1973, (CrPC), which is related to maintenance of wife, children and parents.
• This means the family courts can grant maintenance under Section 125 of CrPC.

Domestic Violence Protection Orders

• Domestic abuse victims can obtain protection orders from the family court to keep their assailant at bay.

Procedures followed by the Family Courts

• The family court shall be deemed to be a civil court and shall have the powers of such court.
• Section 10(1) applies the provisions of the Code of Civil Procedure, 1908, in the suits or proceedings of the family court.
  • Section 10(2) says that the provisions of the CPC, 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.
  • 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.

  Duty of Family Court (Section 9)

  • Section 9 of this act prescribes the duty of the family court to make reasonable efforts for reconciliation between the parties.
    • It prescribes the duty of the family court to make efforts to promote reconciliation between the parties.

    Personal Appearance is Mandatory

    • Personal appearance is mandatory in a family court. Parties must not be entitled to be represented by a lawyer. They must appear themselves and put their case forward.

    Records of Oral Evidence and Affidavit

    • The court shall record what the witness deposes, and the memorandum shall be signed and form a part of a record.
    • The court may, on the application of any of the parties, summon and examine any such person as to the facts contained in the affidavit.

    Judgment

    • The judgment of a family court shall contain a concise statement of the case, the point for determination, the decision thereon, and the reasons for such decision.

    Appeal

    • An appeal against the judgment passed by the family court can be filed in the High Courtwithin 30 days of the date of judgment.
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