Reasons

The reasons for the establishment of separate Family Courts are as follows:

1. Several associations of women, other organizations and individuals have urged, from time to time, that Family Courts, be set up for the settlement of family disputes, where emphasis should be laid on conciliation and achieving socially desirable results and adherence to rigid rules of procedure and evidence should be eliminated.

2. The Law Commission in its 59th report (1974) had also stressed that in dealing with disputes concerning the family the Court ought to adopt an approach radically different from the adopted in ordinary civil proceedings and that it should make reasonable efforts at settlement before the commencement of the trial. The Code of Civil Procedure was amended in 1976 to provide for a special procedure to be adopted in suits or proceedings relating to matters concerning the family.

3. However, not much use has been made by the Courts in adopting this conciliatory procedure and the Courts continue to deal with family disputes in the same manner as other civil matters and the same adversary approach prevails. The need was, therefore, felt, in the public interest, to establish Family Courts for speedy settlement of family disputes.

Therefore, the main objectives and reasons for setting up of Family Courts are:10

(i) To create a Specialized Court which will exclusively deal family matters so that such a court may have the neces expertise to deal with these cases expeditiously. Thus expe and expeditious disposal are two main factors for establis such a court;

(ii) To institute a mechanism for conciliation of the disputes relatin family;

(iii) To provide an inexpensive remedy; and

(iv) To have f lexibility and an informal atmosphere in the condu proceedings.