Family Courts in India

Family courts are courts specialized in handling issues related to marriage and family relationships. Such courts usually manage custody and support matters, non-criminal orders of protection, adoptions and child abuse cases.

These courts also have the mandate of offering counseling before granting divorce; however, there have been concerns raised regarding how these courts operate.

The number of Family Courts in India

The Family Court Act of 1984 created dedicated courts for dealing with family issues. Their purpose was to expedite resolution of cases quickly while encouraging an amicable approach to dispute resolution; as an added benefit, this helped reduce backlog cases in regular courts – an essential step toward safeguarding rights and helping reestablish families.

Family courts provide an ideal venue for cases related to divorce and domestic violence, child custody and alimony payments, among other cases. While similar to regular civil courts, family courts differ significantly in that they have an informal atmosphere and are less costly – thus making them an attractive option for families facing family-related disputes.

However, many issues faced by courts remain unaddressed. Chief among them is frequent changes to judges and counsellors which makes communicating one’s struggles to one another challenging; especially so for women facing significant difficulty communicating their needs or experiences to new counsellors – something highlighted in Tamil Nadu where marriage counsellors have been regularly replaced every three months.

People often do not take Family Courts seriously enough. Filing frivolous applications and counter-applications clog up the system, leading to long wait times for litigants or no hearing at all.

As mentioned above, there are issues surrounding judge qualifications and implementation of the Family Courts Act. According to this legislation, most Family Court judges should be female; this has resulted in delays and even closure of some Courts in Nagaland and Himachal Pradesh. Despite these challenges, Family Courts have proven successful at decreasing backlog of cases at regular courts while protecting victims of domestic violence.

The procedure followed in Family Courts

Family courts in India address an array of matters, such as divorce, child custody and maintenance disputes. Their aim is to provide a specialized forum for the resolution of such sensitive cases which may otherwise be difficult to manage in regular courts. Their procedures differ slightly from regular courts by taking an unbiased, non-adversarial approach – an important element in helping parties to their cases to settle their differences amicably.

Family courts provide more flexible procedures than regular civil courts. For example, when one party requests it, proceedings can take place on camera – an important privacy consideration in family cases. Furthermore, courts can order mediation as part of any settlement agreement if necessary – this non-adversarial solution allows members of a family to resolve conflicts amicably without court intervention and even aids healing after marriage breakdown.

Family Courts provide more than just a forum; they also provide counseling services and protections specifically targeted to women, designed to prevent gender discrimination in court proceedings and ensure equitable treatment of women. This initiative has proven vital as lack of such facilities has prevented many women from receiving justice at regular courts.

In 1984, the Family Courts Act was implemented to promote conciliation and expedite resolution of matrimonial matters through speedy court hearings. Unfortunately, its noble purpose has largely been undermined due to orthodox thinking among judges and counsellors as well as patriarchal attitudes among counsellors.

Lawsuits frequently employ delaying tactics by adjournments to prolong proceedings for people seeking justice, leading to long wait times for them. Therefore, amendments need to be made so that judges may revoke a lawyer’s vakalatnama if they engage in delaying tactics – this would prevent frequent adjournments and allow family courts to operate more efficiently; either Supreme Court rulings could change this or government could issue gazette notifications with new regulations governing these instances of lawful delaying tactics used against their clients.

The number of cases filed in Family Courts

Family Courts were first introduced in India as a specialization of regular courts to deal with cases related to family matters in 1984. Their primary function is conciliation and speedy settlement of any disagreements involving marriage, children or other family matters; furthermore they’re charged with exploring any social therapeutic dimensions involved with issues like divorce or child custody – something regular courts frequently failed at understanding due to being overwhelmed with other cases.

Even though these courts are doing their best, some are experiencing issues. One such issue is an increasing caseload which needs to be dealt with immediately. Counsellors in some courts are failing to fulfill their roles effectively causing difficulty for litigants who must adapt to new counsellors every three months resulting in inefficiency and delays when disposing cases.

India’s court system has long been criticized for being slow and inefficient, in part because it is overburdened with cases and not well equipped to deal with sensitive matters. There are some steps which could help improve family court efficiency; the government could increase the number of judges while legislation should allow judges more leeway when handling family related cases.

Judges in Family Courts must also recommend counseling sessions before passing a divorce decree, because of their belief that courts cannot ignore emotional and psychological factors that play into these cases; furthermore they must consider children’s welfare and women’s rights in doing so.

Family Court Act of 1984 mandates that at least half of the judges in these courts be female; unfortunately, there are currently only 18 such judges nationwide and this number falls far short of meeting population needs.

The number of appeals filed in Family Courts

India is home to numerous matrimonial cases involving divorces, alimony and child custody disputes that can be deeply complex and emotionally draining for all parties involved. Therefore, courts should strive to be as understanding and compassionate as possible while working toward providing access to justice for all families as well as promote conciliation and avoid conflicts. The Family Courts Act was passed in 1984 in order to facilitate marital dispute resolution and foster family harmony by creating a dedicated family court with exclusive jurisdiction in all matters pertaining to marriage or children.

Contrary to magistrates and city civil courts, family court judges must possess special qualifications. At least seven years’ experience practicing legal practice must also be demonstrated along with fluency in English and knowledge of Indian law as well as two graduate and one postgraduate degrees for this job. Finally, under the Family Courts Act they should possess an outstanding reputation in their community.

Family court judges must have an ability to address sensitive matters with tact and dignity while treating both parties with equal consideration. Furthermore, they should be impartial with an appreciation for humor. They must understand cultural differences among couples as well as provide nonjudgmental guidance when necessary. Furthermore, judges should have knowledge of all states and union territories law.

To keep family courts from becoming overwhelmed with cases, judges need to be trained in handling complex legal matters efficiently. Furthermore, courts should take an holistic approach to family law by working closely with women’s groups and non-government organizations dedicated to family and child welfare – this will allow the courts to fulfill their noble goal of helping facilitate satisfactory settlement of family disputes.

Family courts are intended to be less formal and more amicable than regular civil courts, yet proceedings can still become adversarial and lengthy, leading to unnecessary bitter litigation that serves no one’s best interest. Furthermore, there may be social stigma attached to seeking assistance through family courts which discourage people from using it.