Family Courts

Origin in India

Origin to establish the Family Courts in India: The need to establish the family courts was first
emphasized in India by the late Smt. Durgabai Deshmukh, after a tour of China in 1953, where
she had an occasion to study the working of family courts. She discussed the subject with certain
judges and legal experts and then made a proposal to set up family courts in India to Prime
Minister Jawaharlal Nehru. Another reason for setting up of family courts was the mounting
pressures from several women‟s associations, welfare organizations and individuals for
establishment of such courts with a view to provide a forum for speedy settlement of family
related disputes. Importance was laid on a non-adversarial method of resolving family disputes
and promoting conciliation and securing speedy settlement of disputes relating to marriage and
family affairs. The Law Commission, in its report, as early as 1973 (Fifty Fourth Report on the
Code of Civil Procedure), strongly recommended the need for special handling of matters
pertaining to divorce. The Law Commission in its 59th report in 1974 had also stressed that in
dealing with disputes concerning the family the court ought to adopt an approach radically
different from that adopted in ordinary civil proceedings and that it should make reasonable
efforts for settlement before the commencement of trial. After a lot of debate and discussion, the
Family Courts Act came into force on 14.9.1984. The whole idea behind the Act is to ensure
speedy and inexpensive relief with least formality and technicalities. In India first and foremost
the family court was established in the State of Rajastan on 19.11.1985. In Andhra Pradesh the
family court started it functions on 15.2.1995. The Parliamentary Committee on empowerment
of women has recommended that the family courts may be set up in every district.

Object

The object for establishment of family courts is to promote conciliation and secure
speedy settlement of disputes relating to marriage and family affairs and for matters connected
therewith. In Abdul Jaleel v. Shahida, 2003 the Supreme Court held that the Family Courts Act,
1984 was enacted to provide for the establishments of family courts with a view to promote
conciliation in and secure speedy settlement of dispute relating to marriage and family affairs
and for matters connected therewith by adopting an approach radically different from that
adopted in ordinary civil proceedings. The family courts are specialized as civil courts, which
deal exclusively with dissolution of marriage; declaration of the matrimonial status of any
person; declaration of ownership of properties of the parties concerned; interim order of
injunction arising out of marital relationships; declaration of legitimacy of any person, or
guardianship of a person, or the custody or access of any minor and suits for maintenance. The
Family Courts Act, 1984 was part of the trends of legal reforms concerning women. The Act was
expected to facilitate satisfactory resolution of disputes concerning the family through a forum
expected to work expeditiously in a just manner and with an approach ensuring maximum
welfare of society and dignity of women. Prevalence of gender biased laws and oppressive social
practices over centuries have denied justice and basic human rights to Indian women.