Features

The salient features of the Family Courts Act, 1984 are as follows:

1. It provides for the establishment of Family Courts by the State Governments in consultation with the High Courts.

2. It makes it obligatory on the State Governments to set up a Family Court in every city or town with a population exceeding one million.

3. It enables the State Governments to set up Family Courts in other areas also, if they deem it necessary.

4. It exclusively provides within the jurisdiction of the Family Courts the matters relating to:

(i) matrimonial relief, including nullity of marriage, judicial separa divorce, restitution of conjugal rights, or declaration as to validity of marriage or as to the matrimonial status of any pers

(ii) the property of the spouses or of either of them;

(iii) declaration as to the legitimacy of any person;

(iv) guardianship of a person or the custody of any minor; and

(v) maintenance of wife, children and parents.

5. It makes it obligatory on the part of the Family Court to endeavour, in the first instance to effect a reconciliation or a settlement between the parties to a family dispute. During this stage, the proceedings will be informal and rigid rules of procedure shall not apply.

6. It provides for the association of social welfare agencies, counsellors, etc., during conciliation stage and also to secure the service of medical and welfare experts.

7. It provides that the parties to a dispute before a Family Court shall not be entitled, as of right, to be represented by legal practitioner. However, the Court may, in the interest of justice, seek assistance of a legal expert as amicus curiae.

8. It simplifies the rules of evidence and procedure so as to enable a Family Court to deal effectively with a dispute.

9. It provides for only one right of appeal which shall lie to the High Court.

The Gram Nyayalayas Act, 2008 has been enacted to provide for the establishment of the Gram Nyayalayas at the grass roots level for the purposes of providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities.