The Family Courts Act, 1984 was passed to provide for the establishment of Family Courts to promote conciliation in, and secure the speedy settlement of disputes relating to marriage and family affairs. It extends to the whole of India except the State of Jammu and Kashmir. 

Family Courts 

Family Courts are set up by State Governments after consultation with the High Court, and by notification. They are required to be established for every area in the State comprising a city or town whose population exceeds one million. The establishment of such courts in other areas is at the discretion of the Government. 

The State Government must specify the local limits of the area to which the jurisdiction of a Family Court is to extend by notification after consultation with the High Court. It may also increase, reduce or alter such limits at any time. 

Association of social welfare agencies 

In consultation with the High Court, the State Government may provide for the association with a Family Court of: (a) institutions or organisations engaged in social welfare or the representatives thereof; (b) persons professionally engaged in promoting the welfare of the family; (c) persons working in the field of social welfare; and (d) any other person whose association with a Family Court would enable it to exercise its jurisdiction more effectively. 

Counsellors, officers and other employees of Family Courts 

The State Government shall, in consultation with the High Court, determine the number and categories of counsellors, officers and other employees required to assist a Family Court in the discharge of its functions and provide the Family Court with such counsellors, officers and other employees as it may think fit. 

Jurisdiction 

A Family Court has the jurisdiction exercisable by any District Court or any subordinate Civil Court under any law for the time being in force in respect of certain suits which deal with family matters. 

Family Courts are deemed, for the purposes of exercising such jurisdiction, to be a District Court or, as the case may be, such subordinate Civil Court for the area to which its jurisdiction extends. 

Types of Cases 

Family Courts hear cases related to: 

• The nullity of marriages (declaring any marriage to be null and void or, as the case may be, annulling the marriage)
• The restitution of conjugal rights or judicial separation or dissolution of marriage
• The validity of a marriage or as to the matrimonial status of any person
• The property of the parties to a marriage or of either of them
• Any order or injunction in circumstances arising out of a marital relationship
• A declaration as to the legitimacy of any person
• Maintenance including maintenance under Section 125 of the Code of Criminal Procedure
• The guardianship of the person or the custody of, or access to, any minor.

In addition to this, a Family Court also has and exercises such other jurisdiction as may be conferred on it by any other enactment. 

The jurisdiction of a Family Court to deal with such suits or proceedings is exclusive i.e. a District Court or subordinate court cannot deal with them. However, the High Court and the Family Court may have concurrent jurisdiction according to the decision of the Madras High Court in the case of Mary Sheila v. Vincent Thamburaj, 1991.

A family court cannot:

• issue a succession certificate under the Indian Succession Act (Vasumathi v. Chandriyani, AIR 1991 Kar 201)
• appoint a guardian or manager in respect of a minor’s property (Susila Naik v. Judge, Family Court, AIR 1998 Ori 83)
  

Duty of Family Court to make efforts for settlement 

In every suit or proceeding, the Family Court must, in the first instance, try to assist and persuade the parties to reach a settlement where it is possible to do so consistent with the nature and circumstances of the case.  In order to do this, a Family Court may follow a procedure it deems fit, subject to any rules made by the High Court. 

If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable possibility of a settlement between the parties, the Family Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a settlement. This power is in addition to, and not in derogation of, any other power of the Family Court to adjourn the proceedings.

The Andhra Pradesh High Court held that a case should be posted for further steps only if a settlement is impossible in the case of R Durga Prasad v. Union of India, 1998.

Procedure  

Family Courts follow the procedure laid down in the Code of Civil Procedure, 1908 except in the case of matters related to maintenance under Section 125 of the Code of Criminal Procedure in which case they follow the procedure laid down by that Code. 

Where a Family Court follows the procedure laid down in the Code of Civil Procedure, it is deemed to be a Civil Court and has all the powers of such Court. 

Further, a Family Court may lay down its own procedure with to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other. 

In Camera Proceedings  

In every suit or proceedings to which the Act applies, the proceedings may be held in camera if the Family Court so desires and shall be so held if either party so desires. 

Assistance of Medical and Welfare Experts 

A Family Court may secure the services of a medical expert or such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as it thinks fit to assist it in discharging its functions. 

Legal Representation 

No party to a suit or proceeding before a Family Court has the right to be represented by a lawyer. The Bombay High Court held that this does not violate Articles 19, 21 or 39A of the Constitution of India in the case of Lata Pimple v. Union of India, 1993.

However, if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae. 

Evidence  

A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion assist it to deal effectually with a dispute. It does not matter is such evidence would or would not be otherwise relevant or admissible under the Indian Evidence Act, 1972. 

In any suit or proceedings before a Family Court, it shall not be necessary to record the evidence of witnesses at length, but the Judges as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the witness and the Judge and shall form part of the record. 

The evidence of any person may be given by affidavit if it is of a formal character, and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court. 

A Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit. 

Judgment 

The judgment of a Family Court must contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such decision. 

A decree or an order (other than an order for maintenance under the Code of Criminal Procedure), passed by a Family Court has the same force and effect as a decree or order of a Civil Court and is executed in the manner prescribed by the Code of Civil Procedure, for the execution of decrees and orders. 

An order for maintenance under the Code of Criminal Procedure passed by a Family Court is executed in the manner prescribed for the execution of such an order by that Code. 

A decree or order may be executed either by the Family Court which passed it or by the other Family Court or ordinary Civil Court to which it is sent for execution. 

Appeals and Revisions 

An appeal lies from every judgment or order, not being an interlocutory order of a Family Court to the High Court both on facts and on law. Every appeal must be preferred within a period of thirty days from the date of the judgment or order of a Family Court and is heard by a Bench consisting of two or more Judges. 

No appeal lies from a decree or order passed by the Family Court with the consent of the parties or from an order for maintenance under the Code of Criminal Procedure. 

However, this does not apply to any appeal pending before a High Court or any order passed for maintenance under the Code of Criminal Procedure before the commencement of the Family Courts (Amendment) Act, 1991. 

The High Court has the power of revision. 

Rules 

The High Court has the power to make rules to carry out the purposes of the Act. The State Government may also, after consultation with the High Court, by notification make rules for carrying out the purposes of the Act. 

The Central Government may, with the concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications for appointment of a Judge. 

Every rule by a Government must be laid before the legislature attached to it after it is made and the legislature may modify or annul it.